
    WILLIAM H. JENKS and another, Appellants, v. CATHARINE BROWN, Impleaded, Respondent.
    
      Mechanics' lien — cancellation of contract by owner — effect of, on rights of subconti'aator.
    
    The plaintiffs furnished certain materials used by one Phillips, in erecting a building upon land belonging to the defendant, Brown, and received an order upon her, which she accepted, to be paid out of the third payment to become due to the contractor, Phillips. Subsequently, and before the third payment became due, Phillips and defendant, Brown, canceled the contract. After- • ward plaintiffs, in ignorance of such cancellation, filed a mechanics’ lien under the act of 1863 (p. 947), for the enforcement of which this action was "brought. Upon the trial, the plaintiffs were nonsuited. Meld, that this was error; it should have been left to the jury to decide whether the contract was canceled in good faith, and, if not, how much was due upon it.
    
      Qucere, whether plaintiffs’ lien would be affected by such cancellation.
    Appeal from a judgment in favor of the defendant, entered upon an order dismissing the plaintiff’s complaint.
    
      John R. Kuhn, for the appellants.
    --, for the respondent.
   Opinion by

Barnard, P. J.

Present — Barnard, P. J., Gilbert and Tappen, JJ.

Judgment reversed and new trial granted, costs to abide the event.  