Wilcox v. Keith

By the Court,

Upton, J.

It is a material point that the contract be made witb tbe owner of tbe building, and unless it is so made there is no lien. Tbe complaint should show every fact requisite to establish tbe existence of tbe lien. It should be direct and certain as to tbe allegation tbat tbe contract was made witb tbe owner of tbe building; or, to use tbe language of tbe statute, it must be made witb tbe owner of tbe building, “or witb tbe agent of such owner.”