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RELIANCE UNIVERSAL, INC., v. DELUTH CONSTRUCTION CO.

No. 80-1197.

67 Ohio St. 2d 56 (1981)

RELIANCE UNIVERSAL, INC., APPELLANT AND CROSS-APPELLEE, v. DELUTH CONSTRUCTION COMPANY, APPELLEE; NORTHLAND PARK HOMES, INC., ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided July 1, 1981.

Attorney(s) appearing for the Case

Messrs. Gingher & Christensen, Mr. Daniel G. Hale, Mr. Malcolm L. Miller and Mr. John M. Mahota, for appellant and cross-appellee.

Messrs. Lucas, Prendergast, Albright, Gibson, Newman & Gee and Mr. James E. Melle, for appellees and cross-appellants.

CELEBREZZE, C. J.

The critical consideration in this case is whether a property owner (Northland Park) obtains the protection of R. C. 1311.05 against the mechanics' lien of a materialman (Reliance) when the property owner pays a contractor (Deluth Construction) without specifically complying with the requirements of R. C. 1311.04. Reliance contends that Northland Park's failure to secure a sworn statement from the contractor precludes Northland Park from defeating...

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