Hinckley

In the court below a demurrer to the complaint was sustained, and judgment thereupon entered in favor of the defendants. The plaintiffs appeal.

The question to be considered here is, whether the ruling of the court in sustaining the demurrer was correct. The demurrer was upon the general ground that the complaint did not state facts sufficient to constitute a cause of action, and also for ambiguity.

The allegations of the complaint, so far as necessary to be stated, are: That on February 28,1887, the defendant Field was the owner of record of the land upon which stands the building against which it is sought to enforce the lien, but that he held the same, in trust, for the Field’s Biscuit and Cracker Company, a defendant herein; that upon that day said Field entered into a contract with said company, whereby, in consideration of the issuance to him of eight hundred shares of its capital stock, he agreed to complete and deliver to the company, equipped and furnished with the latest improvements, a factory, to be constructed under his direction on said land, and as soon as completed, the same, with its appurtenances, to be conveyed to it; that immediately after the execution of…