Silverside Home Mart v. H. Earl Hall Et

Silverside Home Mart, Inc. (""Plaintiff""), a building supply business, contracted with Harvey E. Hall, Inc. (""HEH'), defendant corporation, lessee of individual defendants H. Earl Hall and Delores Hall (""the Halls"") for certain supplies. HEH allegedly failed to pay all of the amount due and owing to plaintiff for the supplies, and plaintiff seeks a money judgment against HEH and, in addition, a mechanics' lien against the structure owned by the individual defendant lessors, the Halls. This is defendants' motion to dismiss the action with respect to all defendants on the basis that the affidavit of demand is sufficient and that the structure is not subject to a mechanics' lien because HEH, as lessee, did not have the prior written consent of the lessor or make the repairs. Mechanics' liens are purely statutory remedies, and requirements under the statutes are to be strictly construed. Ceritano Brickwork, Inc. v. Kirkwood Indus., Inc., Del.Supr., 276 A.2d 267 (1971). However, an extreme requirement of compliance has been frowned upon. Chief Justice Southerland, in Warner Co. v. Leedom Const. Co., Del.Supr., 48 Del. 58, 97 A.2d 884 (1953), stated: