Barry v. G. L. Wood Farm Mortgage Co.

MORIARTY, C.

This is an action to foreclose a material-man’s lien. From a judgment for the plaintiff and from an order denying a new trial, the -defendants appeal.

The record shows that the plaintiff furnished materials for the erection of a dwelling house on the land upon which the lien is claimed, and that the purchase price is unpaid. A bill of the materials was furnished to the plaintiff, and the purchase was that of the entire bill. Therefore the sale of said materials may be treated as having been made upon an entire, and indivisible contract.

The erection of the building was begun in…