126 Iowa 453 | Iowa | 1905
The contract for the erection of the house was entered into May 25, 1901. The house was completed June 28th, and accepted by the owner on the following day. The balance due the contractor was paid July 6th. A mechanic’s lien was filed by plaintiffs, who furnished materials to the contractor, August 15th. It will be' observed that this was more than 30 days subsequent to the completion of the house, and the evidence fails to show that the owner had or was charged with notice of the nonpayment of the ma-terialmen by the contractor. The contention is that, notwithstanding the house was ■ completed as stated, the plaintiffs furnished the contractor lumber on the 16th day of July, which he represented was for this particular house, and therefore that the 30 days from fumishibg the last item, within which the subcontractor must serve written notice on the owner, had not elapsed. See section 3093, Code. Whatever the contractor may have represented, the lumber sold him- on July 16th was not furnished for this building. The statute provides that “ every person who shall * * * furnish any materials * * * for any building” is entitled to a lien. Section 3089, Code. Two things are essential before one may avail himself of the benefits of this statute: (1) Materials must be furnished; and (2) for the particular building. It is not necessary that they be actually used in the building. Frudden Lumber Co. v. Kinnan, 117