Slight v. Patton

Vancliee, C. — Action to enforce a mechanic’s lien. A general demurrer to the complaint was sustained, and [385]plaintiff having declined to amend his complaint, judgment was rendered in favor of defendants. The plaintiff brings this appeal from the judgment on the judgment roll, and contends that the court erred in sustaining the, demurrer to his complaint.

The complaint shows that plaintiff was a subcontractor with Thompson and Gamble, who were the original contractors with the defendant Patton, to build and< paint for the latter, on his land, a house and barn and< certain other structures, and to furnish all the materials-therefor, for the gross sum of $5,775, payable on the* completion and acceptance of said buildings and structures, or within ten days thereafter; that no part of this original contract price was made payable thirty-five days-after the completion of the contract; that the work was commenced by the original contractors on or about the twentieth day of July, 1889, and completed November 20, 1889; and that neither said original contract nor any note or memorandum thereof was ever filed in the office' of the county recorder in the county in which said structures were to be built; and further avers, that after the original contractors had commenced the erection of said buildings, to wit, on or about August 30,1889, plaintiff entered into a contract with them, whereby it was agreed that he should do all the painting of said buildings, and furnish all the materials therefor, according to the plans and specifications of said buildings, for the sum of $541.70, to be paid within a reasonable time after the completion of such painting; and-that plaintiff duly performed his contract with the original- contractors to paint said buildings, and completed- the same on the twentieth day of November, 1889, on which day said buildings and structures were finished, and completed.

The complaint then proceeds to state" the* filing and recording of plaintiff’s notice of lien within thirty days after the completion of said buildings and structures, a copy of which notice is exhibited as a ..part, of; the complaint.

[386]In considering the objections to the complaint, a more particular statement of those portions of it alleged to be insufficient will be made.