Binckley

The plaintiff as materialman furnished 154.8 sacks of cement and some lumber which were used by a copartnership in carrying out its con *79 tract to construct for defendant Binckley a foundation for a house and garage. Before its completion all work on the foundation ceased, but work on the house and garage, being constructed under separate contract, continuously progressed. Within ten days after cessation of work on the foundation for thirty days defendant Binckley filed notice of such cessation.

Plaintiff filed its claim of lien more than thirty days after the notice of cessation of labor on the foundation contract, but within thirty days of the completion of the building erected upon the foundation.

The question presented for decision, therefore, is whether or not cessation from labor on one of several contracts for the construction of a building fixes the time within which must be filed a lien claim for material furnished under such contract.

The precise question seems never to have been presented to any- of our appellate courts, but from dicta and analogy a conclusion may be drawn.

It is clear that notice of cessation from labor for a period of thirty days is, if the…