Cohn

This is an action to foreclose a material-man's lien.

It is alleged in the complaint that the barn and corral mentioned in the notice of lien were completed on the twenty-fifth day of November, 1889, and that the storeroom had not been completed because the defendants had abandoned the work and did not intend to complete it. The defendants denied that the barn or corral was completed at any time subsequent to November 22, 1889, and alleged that the storeroom was completed before said date.

The court failed to find on the issues thus raised. The only finding on these issues is as follows: “ That said shed and storeroom were completed on or about the twenty-second day of November, 1889, and on or about the twenty-seventh day of November, 1889, said defendants D. L. and N. B. Wright commenced the construction of said storeroom building; .... that on the sixth day of December, 1889, said defendants D. L. and N. B. Wright sold and transferred to said defendant E. E. Giddings all of said real property above described, and thereupon said defendants D. L. and N. B. Wright abandoned their intention to complete said storeroom.”

Inasmuch as the notice of- lien was not filed until December…