Continental Building & Loan Ass'n v. Hutton

GRAY, C.

In this action the plaintiff sought to foreclose a mortgage upon certain real estate in the town of Vacaville, county of Solano. The cross-complainants, Corlett Brothers, in the same action sought to enforce a mechanics’ lien on the same property against the defendant Charlotte A. Hutton, the owner of said property. The said cross-complainants had judgment enforcing their lien for $1,425. The defendant Hutton appeals from said judgment and from an order denying her a new trial. The questions presented relate alone to the validity of the notice of lien filed by said Corlett Brothers. It is claimed that the notice of lien does not truthfully state the terms of the contract under which the materials were sold; that its statement as to the price is untrue; that it does not contain all of the contract, and.that it does not truthfully state the agreement as to the place of delivery.

The notice of lien set forth an express oral contract, by which the materials were to be delivered to the contractor at Vacaville for the “contract price” of $1,565.30. The evidence upon the trial showed that materials to the value of said $1,565.30 were in fact furnished by the respondents and actually used in the building; but it also appeared that of the materials so furnished only fourteen hundred and twenty-five dollars’ worth were furnished under the original contract between respondents and the contractor. The rest of the materials were furnished thereafter from time to time as ordered by the contractor. The judgment is only for the $1,425 found to have been furnished under the original contract. It is found that, so far as said sum of $1,425 is concerned, the notice of lien contained a true statement of the demand. It is further found that as to the balance of $140.30 the notice of lien did not truthfully state the terms of said contract, “in that said materials aggregating $140.30 were furnished upon an implied promise to pay therefor what the same were reasonably worth, and not upon an express promise for a specified sum, but such misstatement of the terms of said subsequent contract was not made with intent to deceive or defraud the owner or contractor or any person inter

[611]

ested in the contract or said building, or the construction thereof, and no one was injured thereby. ’ ’

The Mechanics’ Lien' Law is a part of the Code of Civil Procedure, adopted in obedience to the requirements of the constitution. It is remedial in its character, and should be “liberally construed, with a-view to effect its objects and to promote justice.” (Code Civ. Proc., sec. 4;