Birkemeier v. Knobel

Since four of the assignments of error are based upon rulings concerning the pleadings, we shall now briefly review the averments affected by these charges. The complaint alleges:

“At the time plaintiff commenced to furnish material and labor in the construction of said building as hereinafter described, defendants were and now are owners of said building m * *; the construction of said building was being done at the instance and request of said defendants; between August 1, 1932 and January 15, 1933, plaintiff herein, at the special instance and request of the defendants, furnished material…