Burner

In this ease, No. 7083 in the trial court, the plaintiff had judgment against the defendant for the sum of $2,870, from which judgment the defendant appeals. The action was brought by the plaintiff to foreclose a materialman’s lien and for personal judgment. Foreclosure of lien was denied and personal judgment entered.

The record shows that some time during the year 1922, the defendant entered into a written contract with one Edward Martin for the erection of a certain flume for the sum of $31,000. The agreement specified that the contractor was to furnish all labor and materials, etc., and two certain bonds were executed in the sum of $16,000 each, one for the faithful performance and the other for labor and materials, etc.

After the execution of this written agreement Edward Martin entered into an agreement with the plaintiff whereby the plaintiff was to cut and deliver at the site of a certain sawmill operated by him some 400,000 feet of lumber, at the contract price of $23 per thousand. In accordance with this contract, it appears that approximately 410,000 board feet of lumber were sawed by the plaintiff and delivered to Martin. After the plaintiff had begun sawing lumber…