The trial court in this case having granted a new trial in that portion of the controversy between the owner and the contractor, it is still undertermined as to whether there exists any liability upon the part of the owner to the contractors, and we are therefore of the opinion that the trial court was in error in granting the lien and foreclosure thereof to the lien claimants upon the properties of the owner. See, also, Christy v. Union Oil Gas Co., 28 Okla. 324, 114 P. 740; Brenner Oil Co. v. Dickason-Goodman Lumber Co., 108 Okla. 257, 236 P. 44; Cameron Refining Co. v. Jerman, 110 Okla. 272, 238 P. 437; Anthony v. Dukes, 130 Okla. 298, 267 P. 462. We are also of the opinion that the trial court erred in entering a personal judgment against the owner in favor of the lien claimants, as there is no finding of fact by the referee that any privity by contract existed between the owner and the lien claimants, but, to the contrary, there appears the positive finding that they performed their labor or furnished the materials, as the case may be, at the special instance and request of the contractors.