Kreis

This action was brought to foreclose a mechanic’s lien filed by plaintiff on certain real property owned by defendants Isadore Reese and Ida Reese, who will be hereinafter referred to as the appellants.

Appellants entered into a contract with defendants C. W. Kreis & Son pursuant to which the latter constructed a building upon the premises. Following the execution of this contract the plaintiff furnished certain building material, for which the lien was claimed. The complaint alleged that the material was delivered pursuant to an agreement to furnish the quantities required by the contractors, and that the latter promised to pay the reasonable market value thereof; that between November 18, 1924, and February 17, 1925, lumber and building material were furnished, to be used and the same were actually used in the construction of the building; that the reasonable value thereof was $1810.05, no part of which had been paid, it being alleged, however, that material of the value of $28.80 was returned.

Appellants by their answer alleged that the contractors were to pay plaintiff an agreed price for the building material, and denied that any part of the same was furnished for use or…