Neptune Gunite Co. v. Monroe Enterprises, Inc.

Monroe Enterprises, Inc., and Griswold & Sons Construction Co., Inc., appeal from judgment establishing and foreclosing a mechanic’s lien upon certain real property in La Puente, Los Angeles County, which judgment runs against them as owners and in favor of a sub-subcontractor, Neptune Gunite Company. Griswold & Sons Construction Co., Inc., (hereinafter referred to as Griswold) was general contractor for developing as a subdivision property standing in the name of Monroe Enterprises, Inc., (hereinafter referred to as Monroe). Keith M. Thompson (doing business as K. M. T. Construction Co. and referred to as Thompson) made a subcontract with Griswold requiring Thompson to construct a drainage channel on the property. Thompson, in turn, employed plaintiff Neptune Gunite Company (Neptune) as his subcontractor to do the “guniting” of the slopes of the channel. Thompson is not and has not been a party to this action. The court found correctly that: “Neither of the defendants had any direct contractual relations with the plaintiff, nor was a request made by either of the defendants to the plaintiff, to perform the work. ’ ’

This case turns upon the applicability of the doctrine of…