Dutton

Prom the record herein it appears that defendant was a general contractor to whom plaintiff’s assignor (as a subcontractor) furnished labor and material on each of several different jobs, amounting in the aggregate to an ascertained balance of $2,320.22; that on each of three of such jobs a certain materialman from whom plaintiff’s assignor had purchased paint supplies which had been used on such job, filed his mechanic’s lien and thereafter brought an-action on such claim of- lien against plaintiff’s assignor, defendant and the owner of the premises upon which such job was being done—and in which action the materialman duly recovered judgment; that in one of such actions defendant was the owner of the property to and for which such labor and materials were -supplied; and as to the judgment recovered therein and a judgment in the second of said actions, which in the aggregate amounted to the sum of $1127.79, defendant herein paid and satisfied the same; but that at the time judgment in the instant action was rendered the judgment rendered in the third of such actions remained unpaid and unsatisfied. However, the last-mentioned judgment ran as against plaintiff’s assignor and the…