Buckley

This is an appeal from a judgment of nonsuit.

The admitted facts of the case, as evidenced by the pleadings and the stipulation of counsel for the respective parties, are these:

During the progress of the work Persson purchased from the plaintiff lumber and materials to be used, and which were actually used, in the repair and alteration of said dwelling, and not having been paid the full price therefor, on the ’fourth day of August, 1908, the plaintiff caused to be left at the residence of the defendant Buckley with a person in charge thereof a notice directed to Buckley, setting forth that plaintiff’s account against defendant Persson amounted to $83.79, and requesting Buckley to withhold that amount from defendant Persson. Said notice was sufficient to put defendant Buckley on inquiry as to plaintiff’s having furnished lumber and materials to defendant Persson, for use, and which were actually used, in the repair and alteration of said dwelling, and stated as well the kind, grade and value of the lumber and materials so furnished.

It was alleged in the plaintiff’s complaint that at the time of the service of the notice just referred to there was due and unpaid from the…