Badger Lumber Co. v. Malone

The opinion of the court was delivered by

McElroy, J.:

This action was brought by plaintiff in error Badger Lumber Company against D. R. Malone and others for a foreclosure of a material-man’s lien for lumber and materials furnished Malone with which to erect a warehouse for the storage of hay. The case was tried by the court, without a jury, on an agreed statement of facts, and judgment was rendered for defendants. The plaintiff filed its motion for a new trial, which was overruled, and presents the case to this court for review, alleging that the court erred in its conclusions of law.

The only…