Lorenz

Respondent A. F. Rousseau was the owner of certain premises on Market Street, in San Francisco. The Mother Goose Confection Company was the lessee in possession of the premises and had engaged appellant, F. A. Lorenz, to perform certain alterations and installation work. The work was performed by appellant but was never paid for by the Mother Goose Confection Company, which had in the meantime become insolvent. Appellant filed his claim of lien upon the premises and subsequently brought this action to foreclose the lien against respondent, the owner of the property. It is not contended that respondent had anything to do with the work, that he ever met the appellant contractor or that he had any personal knowledge of the work being done. It is, however, claimed that one George H. McCarthy had knowledge of the work being performed upon the premises and that McCarthy was such an agent. of respondent Rousseau as to make the knowledge of McCarthy his knowledge.

Appellant urges that “the sole point involved is whether or not the respondent Rousseau, who owns the building on which appellant’s work was admittedly done under a contract with a tenant in possession, had actual or…