Gunther v. McCormick

STURTEVANT, J.

The plaintiffs commenced an action to foreclose a mechanic’s lien. Judgment was awarded them in the trial court and the owner of the real estate has appealed under section 953a of the Code of Civil Procedure.

In the fall of 1919 Ella W. Goodrich leased from E. 0. McCormick and Lillie H. McCormick, his wife, the house and lot known as 2015 Broadway, in San Francisco. The lease was to continue twenty-one months from the first day of December, 1919. As an accommodation to the lessee, the lessors allowed her to enter about the middle of November, and shortly after she entered she commenced making repairs and placing orders therefor.

The first order was written down by the plaintiffs on their letter-head and is as follows:

“Nov. 21st 1919

“Mrs. Goodrich,

“2015 Broadway,

Front Attic.

Paint 3 coats and closet, on west:

Middle,

" Same as front;

East Bed Room wood 1 coat;

West Bed Room wood 1 coat, bath 2 coats;

South Bed Room, paper walls, paint wood, bath 2 coats;

Small hall 1 coat;

Conservatory, 3 coats,

conservatory floor 2 coats;

Basement and kitchen and pantry 3 coats of paint,

1 coat enamel. ($290.00).”

A week or ten days after the plaintiffs had commenced the above-mentioned work, the lessee requested the plaintiffs

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to do some other work. This second order is most concisely stated by quoting the testimony of Mr. Porter: “I have notes of the things I done there. We undertook that under a contract of $290, and then they wanted the cement steps and the walls cleaned in there, and that is a very hard thing to estimate, and so I told her I would do that under time and materials, that means that the material that I used amounted to $28, that was not included in the $290. Papering two rooms $37.75. Painting linen closet, hall closet, basement floor, $21. Painting back stairs, tinting halls and varnishing wood, $31. Painting butler’s pantry, floor and shelves, $18.75. Painting floors in basement, hall toilet and two bedrooms and kitchen, $63.50. Kitchen counters, and sideboard $20.00, tables and chairs, $17.50. Kitchen drawers, $5.50. Painting outside of conservatory, $40.00. Steps and sides of the wall, $65. Touching up in the living-rooms, hall and parlor, $24.75; painting in the basement room, $7. Painting in the wardrobe, $4.50.”