Barrows v. Knight

Sharpstein, J.: This is an action to forclose a mechanic’s lien upon a house and lot. Judgment was rendered and entered for the plaintiffs. J. De Barth Shorb and two other defendants moved for a new trial, which was denied. Prom the judgment, and order denying a new trial, defendant Shorb has appealed to this Court.

The Court found among others the following facts :

“ On the 19th day of October, 1876, the plaintiffs as such partners, at the special instance and request of the defendant C. A. Knight, commenced, and from time to time, up to and including the 3rd day of J anuary, 1877, continued to furnish materials to bo [157]used in and to perform labor upon the construction of that certain frame dwelling-house erected and. now being upon that parcel of land described in the complaint, situated in the County of Los Angeles, and all the materials so furnished were actually used in the construction of said building, except two bolts of the value of S3.50, which were not used in such construction, but were furnished to be so used on January 3rd, 1877.”

“On or before the said 9th day of October, 1876, the said defendant C. A. Knight, through the defendant Albert Knight, who was his father and agent, entered into a contract with plaintiffs, by the terms of which plaintiffs agreed to furnish such materials to be used in and to perform such labor upon the construction of said building as should from time to time be demanded ; and pursuant to such contract, plaintiffs performed the labor and furnished the materials referred to in the last finding.

u Said contract was completed by plaintiffs on the 3rd day of January, 1877, and not before, and within sixty days thereafter, to wit, upon the 2nd day of March, 1877, plaintiffs duly filed with the County Recorder of Los Angeles County their claim duly verified by the oath of the plaintiff, W. C. Furrey, containing a statement of plaintiffs’ said demands, after deducting all just offsets and credits, with the name of the reputed owner C. A. Knight, and the names of said Albert Knight and J. de Barth Shorb, as having or claiming some interest in said lands, and also the name of the person by whom they were employed, and to whom they furnished said materials, to wit, said C. A. Knight, Avith a statement of the terms, time given, and conditions of their said contract, and also a description of the said property sought to be charged with the lien, sufficient for identification.”