Grammar v. Hesperian Building & Savings Ass'n

This is on an appeal from a foreclosure of a contract lien upon appellant's homestead. Taking the facts most strongly against appellant, the case is: Appellant, a merchant, approached lumber company No. 1 to build a home for him upon an unimproved lot owned by him but incumbered by a vendor's lien. He had secured a promise of a loan in the sum of $3,000 from appellee when the building was completed. He agreed with lumber company No. 1 that he would execute to it a mechanic's lien for $3,000, but wanted a part of the materials to come from two other lumber yards in the town whose owners were…