
    Circuit Court for Multnomah County,
    November Term, 1871.
    W. F. WILCOX v. M. KEITH et al.
    
    Mechanic's Lien. — In a proceeding to enforce a mechanics’ lien under the statute, the comiilaint should show that the contract wat made with am owner or his agent.
    In a proceeding under the statute to enforce a mechanics* lien, the complaint alleged that the contract was made with said M. Keith, as owner of the building. The defendant demurred.
   By the Court,

Upton, J.

It is a material point that the contract be made witb tbe owner of tbe building, and unless it is so made there is no lien. Tbe complaint should show every fact requisite to establish tbe existence of tbe lien. It should be direct and certain as to tbe allegation tbat tbe contract was made witb tbe owner of tbe building; or, to use tbe language of tbe statute, it must be made witb tbe owner of tbe building, “or witb tbe agent of such owner.”  