Neal

— This is an action to foreclose a mechanic’s lien against defendant Neal, owner of the building, and one Goetzman, the contractor.

Defendant Neal appeals from the judgment and order denying her motion for a new trial.

The contract between the defendant Neal and Goetzman, the contractor, under which Goetzman began the erection of the building, was declared void by the court, owing to the failure of recordation, and other defects. Attached to this contract was a bond in the sum of two thousand five hundred dollars, signed by the contractor, Goetzman, as principal, and the Schallert Ganahl Lumber Company, and Thomas Stovell, the plaintiff, as sureties, binding themselves in the aforesaid sum to defendant Neal, and we quote therefrom: “The condition of the above obligation is such that should he, the said II. J. Goetzman, the above-named principal, duly and properly, well and truly, and faithfully comply with and perform all stipulations, acts, and agreements entered into and to be performed by the said H. J. Goetzman, as appears in the foregoing contract, and should he not in any wise permit any valid claim, debt, or lien to be placed upon the building in the erection thereof, or…