Appeal—Order Denying New Trial—Findings—Judgment.—On an appeal from an order denying a new trial without any appeal from the judgment the question as to the sufficiency of the findings to support the judgment cannot be considered.

Id.—Immaterial Findings—Support of Judgment.—On an appeal from the judgment, findings which are entirely outside of the issues raised by the pleadings cannot be considered in support of the judgment, and consequently, whether or not such findings are supported by sufficient evidence, would appear to be immaterial on motion for a new trial.

Mechanics ’ Liens — Sufficiency of Contract — Identification of Plans and Specifications.—Where a contract for the erection of a building provides that it is to be constructed “conformable to the drawings and specifications . . . signed by the parties and hereunto annexed,” the reference is fully satisfied by pages of specifications and sheets of drawings fastened together and annexed to the contract and signed on the last page thereof by the parties. So fastened together and annexed to the contract the drs ,vings and specifications" in fact constitute one document fully identified as to the signatures of the parties in the manner required by the contract by the signatures on the last page. Such a contract complies with the requirements of the Mechanics’ Lien Law, and is a valid contract as between the owner and the contractor.

Id.—Materials Furnished—Conformity to Contract—Duty of Materialman.—A materialman is not required to ascertain whether or not material ordered by a building contractor for use in a building conforms to the requirements of the agreement between the contractor and the owner. His contractual relations are solely with the contractor dealing with him, and he simply furnishes material as directed by the party with whom he contracts. He is under no legal obligation to the owner to see that the contractor complies with his contract, and so far as his right to a lien is concerned, is warranted in assuming that the contractor is fulfilling his contract with the owner. This is true, in the absence of bad faith on his part, notwithstanding he may know that material ordered may not be in all respects as provided by the written contract on file. c

Id.—Knowledge op Want op Conformity to Contract.—On an appeal by a materialman from an order refusing him a new trial in an action to enforce a lien for materials furnished for use in the construction of a building, the sufficiency of the evidence to sustain a finding to the effect that the claimant knew that the materials furnished did not comply with the requirements of the filed contract is immaterial. And on such an appeal by a subcontractor the sufficiency of the evidence to sustain a finding that he knew that the work done by him was not in compliance with the contract is also immaterial.