Bay Lumber Co. v. Pickering

PARKER, J., pro tem.

Action to foreclose a material-man’s lien. Appellants are the owners, and the defense interposed by them was that of payment.

From a judgment and decree in favor of plaintiffs the appeal is prosecuted.

The ease is presented for review on a stipulation of facts, settled as a bill of exceptions. The facts thus stipulated follow:

“That on the 14th day of September, 1926, defendants Leonard G. Sills and Luella G. Sills as owners of the property described in plaintiff’s complaint entered into a contract with defendant L. M. Pickering as contractor, whereby the contractor agreed to…