Barrows

This is an action to forclose a mechanic’s lien upon a house and lot. Judgment was rendered and entered for the plaintiffs. J. De Barth Shorb and two other defendants moved for a new trial, which was denied. Prom the judgment, and order denying a new trial, defendant Shorb has appealed to this Court.

The Court found among others the following facts :

It appears by the evidence that the plaintiffs are hardware merchants, and that in the months of October, KoA'ember, and December, 1876, they furnished various articles of hardware to the defendants, Knights, father and son, to be used in the construction of the house upon which they seek in this action to enforce a lien. The understanding was that the house Avas being built for the son, and the articles furnished by plaintiffs were charged to him, although the father ordered some of them. The only articles Avhich the plaintiffs claim to have furnished after *158 December 28th, 1876, are two door-bolts, which the Court finds were not used in the construction of the building. One of the plaintiffs testified that these were ordered by Albert Knight a few “days previous to the 12th of December,” 1876. If the plaintiffs can be regarded…