McCue

Appellant sought by his action to foreclose a mechanic’s lien. The cause was tried, and judgment went for respondent, from which. judgment appellant prosecutes this appeal.

The appellant, pursuant to a contract between him and F. J. Owens, the original contractor, furnished and delivered to said Owens, to be used in the construction of six certain houses of respondent, concrete amounting to the sum of $124.40, to be paid for by said Owens on or before the completion of said buildings. In part the court found that the respondent and said Owens entered into the agreement alleged; and in accordance therewith concrete amounting to $124.40 was delivered,, for which material no payment has been made; that the lands described in the complaint are the property of the respondent; but the court also found as follows: “That it is not a fact that the said buildings or any of them were completed under said contract between said F. J. Owens and said defendant Wm. Jackman, but in this behalf the court finds that during the month of July, 1904, said F. J. Owens abandoned the work of construction of said buildings, whereupon on the 10th day of August, 1904, the defendant William Jackman, at the…