Hooper

This is an action for the foreclosure of five mechanics’ liens. Four of the persons claiming liens united in the action as original plaintiffs, and one of them was permitted to come in as an intervenor. Each of the original plaintiffs stated his cause of action in an independent count. To that we cannot perceive any serious objection.

The action is brought against Alexander Flood and James Irvine, and in the complaint it is alleged that Irvine is the owner of the premises affected by the liens, “ and that the defendant, Alexander Flood, was employed by said defendant, James Irvine, the owner as aforesaid, as his agent for a,nd in the said construction and erection of said buildings.” Afterward it is alleged that the plaintiffs entered into an agreement *220 “ with said defendant, Alexander Flood, as such agent of said defendant, James Irvine, for the delivery ” of the materials “ used in the erection of - said buildings.” This complaint was demurred to, on the ground, among others, of misjoinder of parties defendant, because said Flood' was not a proper or necessary party defendant in the action. The demurrer was overruled.

Assuming,- as we must, that the relations which -the…