Wm. J. Bettingen Lumber Co. v. Kerrin

THE COURT.

The above action was brought by plaintiff corporation to foreclose a mechanic’s lien upon certain real property of which Gerald E. and Ethel V. Kerrin are the alleged owners, and to recover a personal judgment against Gerald E. Kerrin, who will be hereinafter referred to as the defendant.

The complaint alleged that the defendant, prior to April 15, 1926, began the erection of a dwelling-house and garage upon the property, and that between June 29, 1926, and

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December 14, 1926, the plaintiff sold to him certain building material to be used and which was used in the construction of the buildings mentioned; that the defendant promised to pay the reasonable value thereof, which was $1637.56, and that of this amount $729.87, and no more, had been paid. The complaint contained further allegations to the effect that a claim of lien for the amount unpaid was filed in accordance with the statute, and that the property was necessary for the convenient use and occupation of the buildings for the erection of which the materials were furnished. Other defendants, who were alleged to have or claim an interest in the property, were joined, and the complaint concluded with the following prayer:

“Wherefore, plaintiff prays judgment against the defendant Gerald E. Kerrin for the sum of nine hundred seven and 69/100 dollars, and the cost of recording and verifying said claim of lien, to-wit: the sum of $1.40, together with interest on said sums at the rate of seven per cent per annum from November 2-2nd, 1926, the date of recordation of said claim of lien, and for costs of this action; and that said sums be adjudged a lien upon the real property and said buildings thereon hereinbefore described, and upon the interest or interests- of defendants and each and all of them therein.

“That the said lands and premises and appurtenances thereunto belonging be adjudged and decreed to be sold by the sheriff of Los Angeles county according to law and the practice of this court, and that the proceeds of said sale be applied as follows: To the payment of costs of sale and any judgment that may be recovered by plaintiff herein, including the cost of verifying and recording said claim of lien as aforesaid; and that it may have execution against said defendant Gerald E. Kerrin for any and all deficiency which may remain after applying all the proceeds of said sale properly applicable to the satisfaction of said judgment.