Stevenson v. Woodward

ALLEN, J.

Action to foreclose a mechanic’s lien. Judgment for plaintiffs. Appeal by defendant Casner from the judgment and an order denying a new trial.

Appellant Casner was the owner of a warehouse in San Bernardino. He leased floor space therein to one Woodward, then engaged in the ice business, and Woodward employed plaintiffs to construct an ice-room ten by sixteen by eight feet in dimensions in said space so leased, with the knowl

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edge and consent of Casner. Plaintiffs furnished materials and did the work in the construction of such ice-room, and regularly filed their notice of lien. No notice was posted by the owner to the effect that he would not be responsible for the work done or materials furnished in the construction of such ice-room.

The court finds that said ice-room was built in said warehouse as a part thereof, and was securely attached to said warehouse so that the same could not be removed without injury thereto, nor without injury to such warehouse, and that said ice-room is a part of said warehouse.

It is claimed by appellant that such ice-room is but a trade fixture and as such was the personal property of the lessee, and no lien could be acquired against the real property of the appellant by reason of its construction. " Whether the materials furnished by the appellant were so affixed to the building as to become a part thereof was a question of fact to be determined by the court upon the evidence before it.”

(Bianchi

v.

Hughes,

124 Cal. 28, [56 Pac. 610].) There is ample evidence in the record to support the finding of the court that such ice-room was a part of the building, and the uncontradicted evidence was, that the ice-box as constructed could not be removed from the building without tearing it to pieces. “The finding of a court as to a fact decided upon the weight of evidence will not be reviewed.”

(Reay

v.

Butler,