¶1Appellee sought to recover for work and labor performed and materials furnished in the building of a house.
¶2Appellant had contracted with one Hayman to build his house, for a certain sum; Hayman progressed with the work for some time and then abandoned it, and was fully paid for all that he had done.
¶3This payment was made before any notice was given by appellee, under the act amendatory of the Mechanics’ Lien Law, approved April 5, 1869 (Sess. Laws, 1869, 255), that he would hold the building liable for his labor and materials.
¶4The fair construction of this statute is, that the sub-contractor, mechanic, or workman shall not have a lien until the required notice is given to the owner or lessee.
¶5When the notice was given in this case the contractor had failed to complete his contract; and there was no money due to him from the owner.
¶6The remedy of -appellee, if any, is under Section 7 of the act referred to.
¶7The judgment is reversed and the cause remanded.
¶8Judgment reversed.