Moses v. Pacific Building Co.

CONREY, P. J.

This action was commenced by R. P. Moses for the foreclosure of a lien claimed by him for labor and materials furnished and used in the making of certain improvements and alterations in a building of the defendant. He appealed from the judgment entered in favor of the defendant. Pending the appeal, R. P. Moses died, and the administratrix of his estate was substituted as plaintiff and appellant.

The record on appeal consists of the judgment-roll. From the findings we ascertain the following facts: The de

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fendant, as owner of a storeroom building located on the lots described in the complaint, leased those premises to the San Diego Manufacturing Association, which afterward became the Inorganic Products Company, a corporation. Thereafter the products company, “with the knowledge and consent of the said defendant,” caused to be installed in the building “certain equipment and machinery for the manufacture of paint.” On or about the twenty-fourth day of May, 1920, the San Diego Manufacturing Association entered into a contract" with the plaintiff whereby the plaintiff agreed to furnish certain materials and to do and perform labor in installing in said building electric wiring, conduits, switches, and switchboards. The labor performed and materials furnished by the plaintiff were of the value of $871.90, which sum the Products Company agreed to Pay.

The court found “that all of the said materials which were furnished by said plaintiff, and all of the labor performed by "him were furnished and performed in putting into said building certain electrical wiring, conduits, and equipment, none of which ever became a part of said building or a fixture, or constituted or formed any improvement or alteration of or in said building, or any addition thereto; but that all of the said wiring, conduits, and equipment were installed by the said plaintiff in the following manner : Said conduits were fastened to the studding and rafters of said buildings by metal clamps and eight-penny wire nails and as a part of said equipment switchboards were fastened to the studding of said building by nailing one-inch boards across said studding and fastening the switch-boxes on to said boards by screws and nails; that no nails were used of a smaller size than eight-penny wire nails and some twenty-penny wire nails were used in attaching said conduits and switchboards; that said conduits ran along and upon the studding and rafters of said building, which building was an open framework building, the outside walls of which were corrugated iron and which had no inside walls other than the studding, sills, and rafters, and that said building had originally been used by the defendant as a storehouse and a place within which to manufacture doors and windows, etc., for the houses and buildings being erected by said defendant, and that said