Order Denying New Trial—Beview upon Appeal—Findings—Pleadings—Errors of Law — Evidence.—Upon appeal from an order denying a new trial, the questions whether the findings are sufficient to support the judgment, or correspond to the issues presented by the pleadings, and as to what issues the pleadings represent, cannot be considered;, and the only questions to he reviewed are those relating to alleged errors of law, and whether the findings are justified by the evidence.

Id.—Findings Conflicting with Answer — Foreclosure of Lien — Defense—Composition Agreement—Alteration not Pleaded.—In an action by a subcontractor to foreclose a mechanic’s lien, where the aflswer pleads a composition agreement alleged to have been signed by plaintiff and all the creditors of the contractors, agreeing to release the contractors and the property of the owner upon conditions specified, findings in conflict with the answer that the agreement was not signed by all of the creditors, and that it did not, when signed, contain the words set forth in the answer, “conditional upon all creditors signing this agreement,” but that those words were inserted by some other person after the agreement was signed, can be reviewed as not being within the issues only upon appeal from the judgment, and must be taken as correct and proper findings upon appeal from an order denying a new trial, if there is any evidence to sustain them.

Id.—Failure to Object to Evidence—Amendable Answers—Objection to Findings upon Appeal.—Where evidence was oSered which supports findings made in conflict with the answer, and no objection was made thereto, and the answer might have been amended to meet the objection, if made, it cannot be urged; upon appeal that a finding based upon such evidence is inconsistent with the pleadings.

Id.—Conflicting Evidence—Terms of Composition Agreement—Time of Payment.—Where the evidence is conflicting as to what were the terms of the composition agreement, and what time of payment was agreed upon, the findings thereupon will not be disturbed.

Id.—Tender of Money and Note at Different Times—Failure to Object.—Where the composition agreement provided for the payment of a certain sum and the execution of a note, the fact that money was tendered on one day and the note on another is immaterial if no objection was made at the time of the tender to its sufficiency.

Id.—Extinction of Lien by Composition Agreement—Consideration —Mutual Promises.—A composition agreement shown as a defense to the foreclosure of a mechanic’s lien, signed by the plaintiff and other creditors of the contractors, agreeing to release the contractors and the owner upon the terms specified, operates to extinguish the liability which the lien was filed to secure; and the consideration therefor consists of the mutual promises of the signing creditors to take something less than or different from what they were entitled to under their previous contracts.

Id.—Signatures of Creditors.—In the absence of a condition in the contract to that effect,' all of the creditors need not sign a composition agreement to make it valid; but it is sufficient if two or more creditors sign such an agreement, the signature and promise of each being a sufficient consideration for the agreement of the others.