West

Judgment foreclosing lien of materialmen. Appeal by defendant West from the judgment and an order denying a new trial.

It appears that defendant Thurlow contracted to construct a building for appellant West for a sum in excess of a thousand dollars. That plaintiff corporation agreed with Thurlow to furnish all materials to be used in such construction, the same to be paid for at the market value and at a date not later than the completion of such building. It may be inferred that Thurlow agreed to buy all of such materials from plaintiff. That under this contract plaintiff furnished for use, and there was used in such construction, lumber of the value of $873.25, less $25 worth of lumber not used in the construction of the building, upon which payments to the amount of $470 were made, leaving unpaid at the date of the filing of the lien $378.25. That the lien was regularly filed within the time required by law. Judgment was rendered against the contractor for the full amount unpaid, and a lien to the extent of $378.25 was declared against appellant’s property, together with attorney’s fee and costs of recording lien; and the lien was foreclosed and appellant’s property ordered to…