Winship v. Holden

PARKER, J.,

pro

tem.

This is an action for the foreclosure of a materialman’s lien. From a judgment in favor of plaintiffs decreeing that said lien be foreclosed defendants appeal.

There is but one question presented here and that is the claim of lien did not comply with the statute in that it did not describe the kinds of materials furnished. No other point is urged on the sufficiency of the claim of lien, it being conceded that the claim in all other respects conformed to the requirements of the statute. All that appears in the claim of lien relating to the kind of materials furnished is as follows: “Notice is hereby given that J. E. Winship, J. "Vernon Winship and Frank E. Winship, copartners doing business under the firm name and style of J. E. Winship & Sons, dealers in lumber and building materials at all times hereinafter set forth, furnished materials which were actually used in the construction of certain buildings, to wit, two frame dwellings and garage now upon that certain lot of land situate in the city of Riverside, County of Riverside, State of California, and sought to be charged with the lien” (describing property). Further in the claim of lien appears this paragraph: “That J. T. Nicholson, also known as Joseph T. Nicholson, is the name of the contractor with whom said parties contracted for the construction of said buildings, and that as such contractor with whom said parties contracted for the construction of said buildings, and that as such contractor and agent for said owners, entered into an oral agreement with said J. E. Winship & Sons to furnish building materials.”

The appellants urge the insufficiency of the claim of lien, and base their contention upon the wording of the statute which gives the right of lien and the authorities construing said statute.

Section 1187 of the Code of Civil Procedure provides: “Every original contractor claiming the benefit of this chapter, and every person save the original contractor claiming the benefit of this chapter, may file for record with the

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county recorder of the county or city and county in which such property or some part thereof is situated a claim of lien containing a statement of his demand after deducting all just credits and off-sets, the name of the owner or reputed owner, if known,