Sturdavant v. First Ave. Coal & Lumber Co.

THOMAS, J'.

The question for decision is that of agreed question of law under section 6090, Code of 1923.'

The question presented is that for enforcement of the materialman’s lien by virtue of a contract with the owner or proprietor of a building for improvements on lands, under the statute. Section 8832, Code.

The statute provides three alternatives for lien: (1) When material furnished or labor done by virtue of contract with the owner or his agent; (2) when due notice is given that material will be furnished or labor done, and the owner on receiving notice fails to give notice that he will…