Krenwinkel v. Henne.
Before: Thomas
Synopsis
The facts are stated in the opinion of the court.
THOMAS, J.
These two actions, brought for the foreclosure of mechanics’ liens against defendants and appellants, were consolidated in the superior court and tried as one. The liens claimed were for labor done and materials furnished in making certain alterations and improvements in a storeroom in the Henne Building, occupied by Naumann & Sehill, Inc., as tenants of the defendants and appellants, who were the owners.
Each lien claimant was an original contractor, and all the work done and materials furnished was at the instance of said tenants, and without the actual knowledge of appellants. The evidence was conflicting as to the knowledge of the employees of R. A. Rowan & Co., as shown and admitted to be the agent of appellant for the collection of rents and care of the building. Each of these respondents, except Suck, filed two claims, the first one in each ease being filed within sixty days after completion of their contract, and the second within ninety days after completion, but more than sixty days thereafter. No notice of the completion of any of the work was filed in the recorder’s office. Respondent Suck alleged that he was employed by appellants Jane Louise Henne and Jane Louise Henne, as guardian of the person and estate of Christian
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Henne, a minor, through their agent, Naumann & Schill, Inc., to do certain work and to furnish certain materials. Appellants,
by
their joint answer to each complaint, deny specifically any knowledge upon their part of any of said alterations or improvements until the completion thereof, and deny, for lack of information or belief, the allegations with reference to the contract for the work and performance thereof. Naumann & Schill, Inc., allowed default to be taken against it.
Upon the consolidation of the cases as aforesaid, the trial of the issues thus presented was had, and the court found in favor of the plaintiffs and respondents here. Findings were thereafter filed, and judgment entered foreclosing the liens. The defendants, appellants here, appeal “from so much of the judgment entered in the above-entitled consolidated actions on the eleventh day of March, 1916, as affects in any manner the interests of the said defendants, and of each of them, in and to the real property described therein, and, particularly, from so much of said judgment as enforces liens in behalf of each of said plaintiffs against said real property and against the interests of each of these defendants therein.”
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