Bates v. County of Santa Barbara

Paterson, J. — On October 2, 1888, the defendants Booty and Holmes entered into an agreement with the defendant the county of Santa Barbara, to erect for the latter, on a public block in the city of Santa Barbara, a brick building, to be used by the county as a hall of records, for the sum of $19,850. The contract was reduced to writing, but was never signed by any officer of the county. Thereafter, defendant the Star Brick and Supply Company, began the construction of the building under a contract with Booty and Holmes, and prosecuted the same until August, 1889, when Booty and Holmes assumed control of the work, which was completed by them and turned over to and accepted by the county on September 11, 1889. Plaintiffs and their assignors performed services and furnished materials under contracts made with the Star Brick and [545]Supply Company while the latter was engaged in constructing the building, and it is for the value of such services and materials that this action was brought. During the progress of the work the county paid to Booty and Holmes, on account of the contract price, the sum of $11,991, leaving a balance of $7,859 due at the time the building was completed. Soon after the completion of the work, plaintiffs served upon the proper county officers notices in writing of their respective demands, and thereupon the board of supervisors passed a resolution reserving the balance of the contract price for the satisfaction of all claims and liens. Notices in the form required by section 1187 of the Code of Civil Procedure were filed in due time in the office of the county recorder by the plaintiffs. On January 4, 1890, plaintiffs filed their claims against the county with the clerk of the board, setting forth the facts required by the provisions of the county and township government act, and the board refused to pay the same, or any of them, until the claims were established by the judgment of a court of competent jurisdiction. Thereupon this action was commenced against the county of Santa Barbara for the sums of $6,551.73, value of the work done and materials furnished by plaintiffs; $37.40, cost of filing and recording the notices of lien; and $850, attorney’s fees. Upon the application of the county, the defendants Booty and Holmes, original contractors, and the Brick and Supply Qompany, subcontractors, were brought in and made parties defendant.

The court found, as conclusions of law, that the several plaintiffs were entitled to recover judgment against the county of Santa Barbara, in accordance with the rank of their respective claims, — specifying the rank of each, — the amount to which they were entitled, together with interest thereon, costs, and an attorney fee of thirty dollars for each claimant, the same to be paid out of the balance of $7,859 set aside for that purpose by the board