Chicago Lumber & Coal Co. v. Washington

*614The opinion of the court was delivered by

Mason, J.:

The Chicago Lumber & Coal Company prosecutes error from a ruling sustaining a demurrer to its petition seeking the enforcement of a mechanic’s lien. It contends that the petition states a cause of action against the owner of the property, Mrs. J. H. Washington, upon the theory that material for her building had been sold by the plaintiff directly to her. This theory, however, is inconsistent with the petition, which alleges that she entered into a contract with Moore, Robison & Co. to construct the building, and that this firm bought of the…