Frey

In prohibition. The facts presented by the affidavit and petition are these: Frey, the petitioner, as owner, contracted with one Campbell for the construction of a building. The same was completed and thereafter an action was begun to foreclose mechanics’ liens, to which Frey, the contractor and lien claimants, other than the plaintiffs, were made parties. Among the lien claimants was a corporation known as The Universal Lumber & Mill Company. This company, in addition to its answer, filed a cross-complaint seeking to establish its claim of lien for lumber and materials furnished and used in the construction of said building. The court proceeded to a trial of the issues, and found that the claim of lien of the mill company was invalid in that it was defective, not specifying to whom it had furnished the materials' and" did not truthfully contain a statement of the terms, time given, and conditions of its ‘contract. The claim of lien stated that the amount of the contract price for such materials furnished was $3,739.38. This the court finds is untrue; that there was an express contract between the contractor and said mill company to furnish materials for $3,219.00 and an implied…