Garrettson
Russ Lumber & Mill Co. v. Garrettson
Opinion
Lead Opinion
Belcher, J.
The plaintiff, a corporation, brought this action to foreclose a lien for materials furnished for and used in the erection of a building on land owned by defendant Garrettson.
It is alleged in the complaint that on the seventeenth day of February, 1888, defeudaiit Garrettson entered into a contract with defendants Wan berg & Nelson, whereby they agreed to erect and finish for him a building on a certain described piece of land; that on various occasions between the twenty-second day of February and the twentieth day of May, 1888, the plaintiff, at the instance and request of the contractors, furnished materials, viz., lumber, laths, shingles, and windows, to be used and which were actually used In the erection and construction of the building specified in the contract; that the maiket value of the materials so furnished, and the amount agreed to be paid therefor, is the sum of $1,112.56, *591 of which sum $300 has been paid, and the balance of $812.56 is still due, owing, and unpaid to the claimant; that on the twenty-third day of February, 1888, the plaintiff duly gave to Garrettson a written 'notice that it had agreed to furnish the materials as aforesaid for the erection of…