Klay

This action is based on the mechanics ’ lien law and is for the foreclosure of a lien upon a quarter-section of land belonging to the defendants above named other than the defendant Klay, and situated in Stanislaus County, said lien arising by reason of the furnishing by plaintiff of certain materials to be used, and which were used, in the construction of dwelling-house on said real property. The judgment denied to the plaintiff the claim of lien against said property and acquitted the defendants, other than defendant Klay, of any liability upon the claim for which the lien was sought to be asserted, but awarded the plaintiff judgment against the defendant Klay in the sum of $328.

This appeal, supported by the judgment-roll alone, is by the defendant Klay from so much of said judgment as awai’ds, as against him in favor of the plaintiff, the said sum of $328.

The defendant Klay, a contractor, entered into a contract with the owners of the said real property for the construction of a one and one-half story dwelling-house on said land. The complaint states that, under an agreement with Klay, plaintiff furnished materials, consisting of lumber and mill-work, to be used, and which…