Budd v. Trustees of School District No. 4

The opinion of the court was delivered by

Beasley, Chief Justice.

This action is founded on a claim for materials furnished by the plaintiffs in the erection of a school-house. One Massey was the contractor, who having become indebted for the materials just mentioned, and having refused to pay, and notice of such debt and refusal was served on the defendants pursuant to section 3 of the Mechanics’ Lien act.

It appeared that at the time of such service there was nothing due from the defendants to Massey, and the trial court held that such fact was fatal to the action, and that the material-man’s…