Porter

This is an appeal from a judgment for the plaintiff, and from an order denying the defendant’s motion for a new trial.

The suit was brought to foreclose several liens for materials furnished the defendant by the plaintiff or the plaintiff’s assignors. The judgment and findings with reference to three of these are attacked on various grounds.

The first of these liens set out in the first count of the complaint is attacked on the ground of an insufficiency of evidence to justify the findings of the court as to the contract and notice of lien; and also on the special ground that there is a variance between the allegations of the complaint and the statements of the notice and the facts proven. But we find nothing in the record to sustain these objections.

Another of the liens attacked was that of the O. M. Dun-ham Company, assigned to the plaintiff and which is set up in the second count of the complaint. With regard to this, the allegations of the complaint are, in effect: (1) That the contract was made by the contractor with the Dunham company for the furnishing of certain materials “to be paid for at the prevailing market value at said time and place, and to be paid for upon the…