Hahn v. Maxwell

The appellant furnished stone to one Hayes to be used by him in erecting buildings for the appellees.

There was testimony that the appellant, some two weeks after the delivery of the last stone, presented his bill to the appellees, they having taken the contract for erecting the buildings away from Hayes, and they promised the appellant that if he would wait a month, they would pay it.

He waited the month, during which time the forty days in which the appellant might, under Sec. 31, Chap. 82, R. S., have served a notice to secure a lien on the buildings expired, and then the appellees refused…