Estey v. Hallack & Howard Lumber Co.

Appellees brought suit to enforce statutory liens against the property of appellant for material furnished in the building of a house.

In March, 1890, appellant entered into a contract with one J. B. Smith, whereby the latter was to furnish the material and complete the building according to specifications, to the satisfaction of the architect of the former for the gross sum *166of $3,185, to be paid, 75 per cent of estimates made May 1st and June 1st, and the balance, with the 25 per cent retained, to be paid at the completion of the building.

Smith entered upon the construction and prosecuted it…