Piping Specialties Co., Inc. v. Kentile, Inc.

Defendant Kentile, Inc. (hereinafter “Kentile”) is the owner of real property in Los Angeles County. It contracted with defendant W. W. Price and Company (hereinafter “Price”) for the construction by the latter of a “tank farm” in connection with a plant erected by Kentile on that property. Price, in turn, contracted with defendant Gray Fabrications Co. (hereinafter “Gray”) for the fabrication and delivery of certain jacketed fittings, consisting of ells, tees and spools, to be used in the performance of Price’s construction contract. Gray, in its turn, purchased from plaintiff (hereinafter “Piping”) materials which were used by Gray in filling its contract with Price.

Price has paid Gray all monies due the latter under the contract between them except for a nominal sum of $94.23, and has received from Gray a release of any lien rights which Gray might have had. Gray is an adjudicated bankrupt, and Piping holds an unpaid claim against Gray, in the amount of $9,107.04, for the materials furnished by Piping to Gray.

Piping duly filed its mechanic’s lien against the property and thereafter brought the present action, seeking a foreclosure of that lien and for judgment against…