Stimson v. Dunham, Carrigan, Hayden Co.

COOPER, C.

Appeal from judgment and from an order denying appellant’s motion to annul conclusions of law and to modify judgment.

The complaint alleges that plaintiffs’ testate, in September, 1900, entered into certain contracts with appellant, by the terms of which appellant was to furnish material and perform the labor in putting in certain pipes, pump, and fittings in the basement of the Stimson Block and Douglass Building in the city of Los Angeles for the sum of $1,968. That appellant in due time entered upon the performance of said contracts, and completed them on the —— day of June, 1901. That the defendants (except appellant, the contractor), more than forty in all, claim to have furnished portions of the material or labor in the performance of the contracts, and many of them have served written notices upon plaintiffs that appel

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lant was indebted to them for materials or labor furnished or done in performance of said contracts of appellant, and have notified plaintiff to withhold moneys sufficient to pay their demands, the total amount of money claimed in said notices exceeding the contract price of said improvements. That plaintiffs have no means of knowing whether the demands of said parties so furnishing labor and materials are just, or the respective amounts, but are desirous of making payment of the contract price and amount due to the materialmen, laborers, and parties entitled thereto as the court may direct. That appellant claims that there is a sum due him for extra materials and labor furnished and done in the performance of the said contract, but plaintiffs do not know and cannot state whether there is anything due, or how much is due for extras but that the amount due under the contracts and for extras is insufficient to pay all the claims for material furnished and labor done in the performance of said contracts.

Plaintiffs pray that the court may determine and adjudge the amount in which they are indebted to appellant upon said contracts, and for extras thereunder, and that upon the amount being ascertained they be permitted to pay such amount into court and be discharged; that defendants be required to set forth their respective claims for adjudication so that the money due by plaintiff may be paid as the law may award, and that defendants and each of them be restrained from filing any liens upon plaintiffs’ premises, pending the hearing.