Pierson v. Smith

CONREY, P. J.

Plaintiff appeals from the judgment upon the judgment-roll alone.

The complaint stated a cause of action for quieting the title to a certain lot or parcel of land in the county of Los Angeles. It was alleged that the defendant claims an estate, interest, or lien thereon adverse to the plaintiff. By the answer, and also by a cross-complaint, the defendant admits plaintiff’s ownership of the land; alleges that plaintiff and defendant entered into a verbal contract whereby defendant was to purchase the material, employ the labor, and superintend the construction

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of a certain apartment building upon the premises described, according to plans to be furnished by the plaintiff from time to time; that the plaintiff was to pay to the defendant for said services the sum of five dollars per day, together with any money advanced by defendant for the reasonable value of the materials and labor used in the construction of the building; that pursuant to said contract defendant did superintend the construction of the building and purchase and furnish the materials and labor; that the total amount and value of the labor and materials so furnished was a certain sum in excess of eight thousand dollars, which sum, including said sum of five dollars per day for the services of defendant, was the reasonable value of all materials furnished and labor performed upon said building; that the sum of eight thousand dollars and no more was paid to defendant by the plaintiff; that after completion of the building, and within thirty days after the filing by plaintiff of a notice of completion of the building, the defendant filed a notice of claim of lien in accordance with the statute relating to mechanics’ liens. Defendant and cross-complainant demanded judgment for the unpaid balance of his demand and for foreclosure of the lien claimed by him. The plaintiff filed her answer to the cross-complaint, yet made no objection to the sufficiency of the cross-complaint as a pleading in the action or to the right of defendant to file the same.

The findings of fact and conclusions of law filed by the court contain a recital that the case was submitted upon said pleadings, ‘ ‘ and upon the stipulation made by counsel for plaintiff and defendant in open court that all of the issues presented by the pleadings might be submitted to the court for trial and decision herein.” The court determined that the plaintiff is the owner of the described premises; that the value of the labor and materials and the amount that had been paid by plaintiff were as alleged in the cross-complaint; that the defendant and cross-complainant was not entitled to any lien upon the premises of plaintiff. A decree was entered granting to defendant and cross-complainant a personal judgment against the plaintiff for the amount of his demand, and adjudging and decreeing that the lien claimed by the defendant was invalid and that the property described in the complaint be adjudged clear and free therefrom.