Darlington-Miller Lumber Co. v. Lobsitz

The opinion of the court was delivered by: .

McAtee, J.:

This was a suit brought in the district-court of Noble county by the plaintiffs in error, plaintiffs below, to obtain a judgment for two hundred and eight dollars and forty-three cents with interest, and for the enforcement of a mechanic’s lien upon lots 19 and 20 in block 10, in the city of Perry, and a dwelling house thereon.

The plaintiff alleged that it had furnished a bill of lumber to the defendant at his special instance and request, which was used for the construction of the dwelling house referred to, upon the express agreement…