Kremer v. Walton

The opinion of the court was delivered by

Hoyt, C. J.

This action was brought to foreclose the liens of certain mechanics and material-men who had performed labor and furnished material in the erection of a certain brick building upon property which at the time belonged to J. M. Ashton. The work was done and materials furnished at the instance of one O. W. Johnson. His relations to the property and to Ashton, the owner, were evidenced by certain correspondence by mail and telegraph which had been had between him and said Ashton.

In his testimony upon the trial said Ashton made it appear that he…