Colby & Dickinson, Inc. v. Baker

Appellant, as plaintiff, brought this .action to foreclose a materialman’s lien. The facts are simple and undisputed. Defendants Baker and Baitey were in possession, under a written hut unrecorded lease, of a tract of land owned by respondents Hits-man. While so in possession, they purchased from appellant certain building material, which was deliv ered to the leased premises and there used in the erection of a small frame building, some 20x30 feet in size, standing on blocks, but not otherwise physically-attached to the real estate. Having failed to receive payment for the material,…