Acco Contractors, Inc. v. McNamara & Peepe Lumber Co.

The issue presented by this appeal is whether a corporation, as distinguished from a natural person, can qualify for a loggers’ lien under Civil Code section 3065. We conclude that it can. .

Appellant, Acco Contractors, Inc., a corporation (hereinafter “Acco”), filed suit against.. Standard Plywood Corporation (hereinafter “Standard”), not a party to this appeal, and respondent McNamara & Peepe Lumber Company (hereinafter McNamara & Peepe) to foreclose a loggers’ lien in the amount of $218,561.84.

On April 11, 1974, Acco and Standard entered into a contract whereby Acco agreed to “provide all the necessary labor and equipment to fall, buck, skid, yard, and load onto trucks . . . the merchantable timber situated on the timber areas to be designated by Standard for logging from timé to time during the terpi of the Agreement.” In return, Standard agreed “to pay Acco on the basis of 115% of Acco’s actual costs and expenses incurred in the performance of all such work . . . and, in addition . . . Standard agrees to pay Acco an Equipment Charge on the basis equal to 115% of the depreciation on such equipment.” Acco performed under the contract until August 11 or 12, 1975, at…