Andrew v. Conner

PEEK, J.

This proceeding arises out of an action instituted by plaintiffs to foreclose a mechanic’s lien on defendants’ land.

The complaint alleged that between certain dates, at the special instance and request of one of the defendants, plaintiffs furnished labor, machinery and materials for use on defendants’ land, and that the reasonable value thereof was the sum of $3,382, no part of which had been paid, and concluded with a prayer for judgment in the sum alleged and for foreclosure of their lien.

Defendants’ answer denied generally the allegations of the complaint and affirmatively alleged (1) that plaintiffs had not complied with the provisions of the Business and Professions Code in that they were not licensed as contractors and (2)

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that the parties had orally agreed that the work would he done for the contract price of $2,000; that plaintiffs had abandoned the work before completion and the work actually done was valueless to defendants.

The cause proceeded to trial before the court sitting without a jury and at the conclusion thereof the court found that plaintiffs did not have a contractor’s license; that plaintiffs had not agreed to do the work at a contract price; that the only agreement of the parties was that plaintiffs would furnish defendants “manned and maintained equipment” for the price of $11 per hour per unit; that plaintiffs had fully performed; that defendants retained all control and direction of the project, and that defendants finally ordered the work stopped because of unfavorable weather conditions.

Defendants ’ first contention is an attack upon the sufficiency of the evidence to sustain the finding that plaintiffs did not take the job on a contract basis. Suffice it to say that the record discloses ample evidence contrary to that relied upon by appellants which adequately supports the attacked finding and hence under the oft repeated rule such finding may not be disturbed upon appeal.

(Tupman

v.

Haberkern,

208 Cal. 256 [280 P. 970].)