Ketch v. Cox

Opinion by

RAY, C.

This appeal-is from n judgment foreclosing a subcontractor’s lien for lumber and rig material furnished and used in the construction of rigs on an oil and 'gas lease. The contention is that the petition does not allege, and the evidence does not show, ithat the rigs were constructed under a contract with the owners, or that the material was furnished under contract with the owners, or with Itheir agent.

This court has uniformly held that the •right to a materialman’s lien depends upon a contract with the owner.

“Under 'section 3862, Rev. Laws 1910, the right to a materialman’s…