Suit to enforce a mechanic’s lien, &c.

The complaint contained two paragraphs—

1. That plaintiff furnished the materials to a contractor; that the proprietor was owing the contractor, and that notice of lien was filed, &c.

2. An original promise to pay for the materials in consideration they should be furnished to the contractor. ■

Trial on the general denial. • The evidence is not of record. There was a general judgment for the value of the materials simply, but not ordered to be specifically enforced.

This judgment might be right on the second paragraph.

The judgment is affirmed with 1 per cent, damages and costs.