Ensele

This appeal is by the defendant from a judgment in plaintiff’s favor in an action to foreclose a materialman’s lien upon certain real estate described in the complaint as the northeast quarter of northwest quarter of section 3, township 43 north, range 6 west, M. D. M.

The plaintiff alleged in his said complaint that he was the owner and proprietor of a certain retail lumber business known as the Grenada Lumber Company, under which name he was doing business; that he had furnished the defendant certain building materials for the erection of a barn and completion of a dwelling-house upon said premises, under an oral agreement with the defendant that the plaintiff was to furnish said materials for such purposes and that the defendant was to pay for the same the reasonable value .thereof. The plaintiff further alleged the completion of said buildings, the amount and reasonable value of the materials furnished therefor, the failure of the defendant to pay for the same, the due filing of his lien upon the said lands and premises of the defendant, a copy of which lien was attached to and made a part of the complaint; and finally alleged the fact that the whole of the defendant’s lands…