Horwitz

This is an appeal by the defendants from a judgment foreclosing a mechanic’s lien. The evidence showed, and the trial court found, that the plaintiff sold to the defendants a quantity of metal casing which the defendants used in sinking an oil-well; that at the time of the purchase the defendants paid down in cash about one-half of the purchase money and that they also executed three several trade acceptances; that they paid one of them; that they have not paid the others; and that the defendants have not paid the balance due and owing on the purchase price. The defendants claim that the acceptances were given and accepted as payments. The plaintiff replies that the trial court made a finding that they were not. In the case of National Lumber Co. v. Whalley, 162 Cal. 224 , at page 226 [ 121 Pac. 729, 730 ], the court said: “Whalley gave his note to secure payment of the amount due to plaintiff. It is contended that this note was given and received in full satisfaction of the claims of plaintiff, and thus eon stitutes a payment releasing the defendant. Whether a note, or even a cheek, is received in absolute payment of a debt, or merely as a recognition of the debt with an…