Hinton

This action was brought to recover the sum of $1,845.60 for mill work furnished by plaintiff, to be used and which was used in the construction of a building for the defendant. The court filed findings, upon which judgment was entered in favor of defendant. This appeal is from the judgment and the order denying plaintiff’s motion for a new trial.

There is no controversy as to the following facts: That the building was constructed for defendant; that the cost of the building exceeded $1,000, and that there was no contract in writing, and no contract of any kind filed for record; that one Bugbee was the architect who drew the plans and specifications, and one Johnson was the superintendent in personal charge of the construction of the building; that the mill work was furnished by plaintiff and was of the reasonable value of $1,845.60; that plaintiff has not been paid for said mill work; that no lien was filed against the building.

The court found in effect that plaintiff did not furnish the mill work to defendant at her instance or request, and upon this finding judgment was ordered in favor of defendant. It is here claimed that this finding is not supported by the evidence, and…