Gross

In this action, plaintiff sought to1 establish a certain amount as due to him for materials furnished and labor done in improving a certain eighty acres of land belonging to defendants Hazeltine, and sought to establish and foreclose a lien on the land for the amount claimed. The action is based upon a contract reading as follows:

Plaintiff took possession of the land and proceeded with the work agreed upon. On July 23, 1920, the land was sold to Fern Hays Cully, one of the appellants, who at some time between that date and October 16, 1920, conveyed the property to appellant P. A. English, who was the owner thereof at the time this action was brought. The plaintiff continued to occupy the premises until some time in November, 1920. On October 28, 1920, plaintiff filed in the office of the county recorder of that county what he denominates “Notice of Contractor’s Claim of Lien,” in which he sets forth that he had entered into a contract for the improvement of the land here involved, and that said improvements consisted of “labor, materials furnished and money advancements necessary to get said land in a saleable condition, by grading, filling in and levelling the same, planting…