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Per Curiam, We are clearly of opinion that tbe positive stipulation in the contract that, “ no liens shall be filed against the building by either the contractor or any subcontractor for work or labor done or materials furnished,” excluded the plaintiff from any recovery in his present proceeding. It is an independent stipulation, not connected with any other subject, and we know of no reason why it should not be enforced.
Judgment affirmed.
Document Info
Docket Number: Appeal, No. 57
Judges: Dean, Fell, Green, McCollum, Mitchell
Filed Date: 11/14/1898
Precedential Status: Precedential
Modified Date: 11/13/2024