Hartwell

Appeal from a judgment and an order denying the motion of appellants for a new trial.

The ease presented is one where plaintiff brought an action against a large number of defendants, each of whom had filed a certain claim of lien against the property of plaintiff, requiring them to litigate as to their respective claims to a balance in plaintiff’s hands subject to such liens. It was stipulated that the claims of lien were correct as to the amounts.

The only question presented upon this appeal relates to the validity of a certain building contract entered into between plaintiff and one Parlier for the construction of a certain house. There is appended to the respondent’s brief an opinion filed by Hon. Walter Bordwell, trial judge, in support of his judgment determining that the contract entered into was a valid one. This opinion reflects our views upon the question involved and is adopted as the opinion of this court:

The validity of the contract, then, being determined, the court, by its order, distributed the fund among the various claimants. While the court erred, under decisions of our supreme court announced since the trial of this cause, in awarding preference to labor…