Washburn

This is an action for the foreclosure of a mechanic’s lien for materials furnished in the alteration of a building.

*60 It is insisted that the court committed error in not finding upon the matters set out in the answer in the nature of an estoppel. It appears that the payments were to be made to the contractor by the owner upon the certificate of the architect, and that the contractor obtained his last certificate from the architect, certifying that the final payment provided for under the terms of the contract was then due by presenting the receipted bills of plaintiff for the materials, upon which the present lien is based. Plaintiff furnished these receipted bills to the contractor (although in fact the money had not been paid) for the purpose of assisting him in securing his certificate from the architect. The answer, for an estoppel, alleges that defendant relied upon the truthfulness of the recitals contained in said receipted bills, and so relying, paid to said Wells, the contractor, “a large part, if not all, of the money due to him” under said contract. Inasmuch as a large part of the contract price was due and payable under other certificates of the architect, the…