Practice — Mechanics' liens — Amendments — Deletions — Typewritten text — Waiver of liens — Withdrawal of exhibits filed.
In a mechanics' lien proceeding, in which the papers themselves showed a waiver of the right to file any lien as well as a covenant against liens and claimant sought to amend by showing certain ambiguous deletions (not eliminating the waiver) in the typewritten contract of the parties which did not appear in the copy filed, and by withdrawing exhibits filed with the original claim so that the waiver in the contract would not then be part of the pleadings, it was Held that the petition to amend the lien was properly dismissed.
Argued November 11, 1948.
PER CURIAM, January 3, 1949:
The order of the court below is affirmed on the opinion of Judge FLOOD.