Hammond Lumber Co. v. Gordon

CRAIG, J.

This is an appeal by the executor of Gertrude E. Haweis from a judgment in an action to foreclose a mechanic’s lien. Mrs. Haweis, was the owner of certain real property in Los Angeles County, California; she leased the second floor of the building thereon for a five-year period beginning May 1, 1922, to defendant Squadrilli; after making the lease Squadrilli made a written contract with the defendant Gordon for the construction of balconies in the room leased. The contract provided that the balconies were to be so constructed as to be removable at any time. The plaintiff furnished certain materials to Gordon, which were used in the construction of the balconies. Defendant Haweis had no part in ordering the materials from the plaintiff, but had knowledge that the balconies were being built.

The court found, among other things, that the plaintiff at the time it furnished the materials did not know of the lease between Mrs. Haweis and Squadrilli, nor of the written contract between her and Gordon, and that the materials were furnished without actual knowledge as to who was the owner of the premises. Neither the lease nor the contract was placed on record.

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Another finding states in detail the manner in which the balconies were constructed and attached to the building. It is found that certain heavy pillars of the balconies were fastened to the walls with nine-inch bolts, and were nailed to the floor; that twenty of these posts each had one nine-inch bolt screwed into the wall of the building; nails used to fasten the posts to the floor were eight and ten penny nails; also the stringers for the stairways were fastened to the wall by five and six No. 16 screws, one-quarter inch thick by three inches long, and the stairways were then nailed to the stringers with spikes; the balconies were each seven to eight feet wide, seven feet high and seventy-five feet long.

The answer of the defendant Haweis, among other allegations, contains the statement that “any and all and every of the materials furnished to said Gordon by plaintiff were for the construction of said removable balconies as aforesaid, and not at the instance or request or by authority or on behalf of the defendant, and not for the construction of any alteration or addition or improvement or repair to said building or said premises of the defendant or any part thereof. ’ ’