Boutner v. Kent

Kent and his deceased partner, who owned a saw mill, sold a bill of lumber to Boutner, and Kent instituted proceedings under the statute concerning mechanics’ liens, to fix a lien upon a house and lot of Boutner, for the amount of the bill, alleging that the lumber was furnished to build the house, etc.

On the trial, it was proven that the lumber was furnished to Boutner by Kent and his partner, and that the prices charged in the account were usual. But it was not proven that they were mechanics or builders, or that they furnished the lumber to Boutner under any contract with him to do work as…