Jenne

The plaintiff, as assignee of J. W. Schouten & Co., brought this action to foreclose a lien for lumber, of the alleged value of three hundred and fifty dollars, furnished by said Schouten & Co., and used by defendants in the construction, alteration, and repair of a dwelling-house upon a certain lot of land owned by defendants in the city of San Francisco. The complaint stated all the facts necessary to constitute a cause of action and, among other things, that the said indebtedness had not been paid.

The answer admitted all the allegations of the complaint except the one as to nonpayment. This is denied, and alleged that plaintiff and hi^assignors, long prior to the commencement of the action, accepted and received defendant Burger’s promissory note in' full payment and satisfaction of the indebtedness sued up oh.

Upon the issue thus presented, the court below found in favor of the defendants and gave judgment accordingly, from which apd an order denying a new trial the plaintiff appeals.

/ The appellant contends that the findings were not justified by the evidence, and that the court erred in some of its rulings upon the admission of evidence.

The evidence given at the trial…