Cretcher v. Fisher Machine Works Co.

*55The opinion of the court was delivered by

Marshall, J.:

This action is one to foreclose a mechanic’s lien. Judgment was rendered in favor of the plaintiff, and the defendant appeals.

1. Complaint is made of the following instruction given by the court to the jury:

“It is conceded that the real property mentioned was owned by the defendant and that the material for which the plaintiff -seeks to recover was furnished for the purpose of erecting a building on such property.”

A verified answer was filed. It contained a general denial and alleged that the mechanic’s lien failed to set out the name of…