Mechanics’ Lien—Material-Man.—To entitle a material-man to enforce a lien upon a building for material furnished, it must not only be alleged and proved that the materials have been used in the construction of the building, but that they have been, by the express terms of the contract, furnished to be used in the building.

Id.—Pleading—Answer—Cross-Comrlaint.—If an answer state the facts necessary to constitute a cause of action for a cross-complaint, it is immaterial whether the defendant designates it an answer or a cross-complaint. It is the facts set up in the pleading which makes it the one or the other, and its character will be determined by the Court. Accordingly, in an action for the foreclosure of a mechanics’ lien against the owner and the original contractor—where the answer of the latter sufficiently set up a claim of lien against the building—held, that the Court rightly construed it as a cross-complaint, and gave judgment for the foreclosure of the lien.

Id.— Arbitration — Condition Precedent.—It now seems to be the settled law, that an agreement to refer a case to arbitration will not be regarded by the courts, and they will take jurisdiction and determine a dispute between parties, notwithstanding such agreement. But when the agreement is, that the covenantor shall pay such sum, and only such sum, as shall be determined by arbitrators, the procuring an award is as clearly a condition precedent to an action as if the parties had expressly so provided. So held, with reference to a contract for the construction of a building, in which it was agreed, that, should any dispute arise regarding the value of extra work, the same should be valued by arbitrators.

Id.—Id.—Id.—The distinction between the two classes of cases stated is, that in the former the parties undertake by an independent covenant or agreement to provide for an adjustment and settlement of all disputes and differences, to the exclusion of the courts; and in the latter, they merely, by the same agreement which creates the liability and gives the right, qualify the right, by providing that, before any right of action shall accrue, certain facts shall be determined, or amounts and values ascertained; and this is made a condition precedent, either in terms or by necessary irnplication.

Id.—Contract—Condition Precedent.—In a contract for the construction of a building it was provided, that for eacb of the payments a certificate should be obtained from the architect, and that at the time of the presentation of any certificate there should not be any liens against the building; and the Court found, that before the presentation of the last certificate a lien was filed, and therefore, that such installment was not due, and refused to allow it; and also decreed that the amount of this lien should be deducted from the amount due the contractor upon former installments also sued for. Held, that the Court did not err in refusing to allow the contractor the last installment. That this was according to the effect and meaning of the agreement, and it was simply the duty of the Court to enforce the contract as the parties had made it.