Coates Lumber & Coal Co. v. Klaas

Deán, J.

Plaintiff began this action in Lincoln county to recover on a mechanic’s lien for building material furnished to A. E. Klaas, who contracted with defendant Baskins to erect a building for him. Plaintiff recovered a judgment for $636, from which defendant Baskins appealed.

The action was brought under sections 3823, 3824. Rev. St. 1913. So much of section 3823 as applies to the present case reads: “Any person who shall perform any labor or furnish any material’ * * * for the erection * * ' * of any house, * '* # by virtue of a contract or agreement,, expressed or implied, with the owner…