Busset

This action was instituted by plaintiff to foreclose a lien claimed for work done by him under a subcontract made March 2, 1928, with M. G. Kendall, operating under the name of the California Builders Co., as the general contractor for the erection of a building for the defendant J. W. Helm, to be used in part for stores and offices, in part for a public garage.

Plaintiff’s contract was for the construction of interior walls; and in connection with their answer the defendants filed a cross-complaint against the plaintiff and Frank M. Clausen, who did the plastering under a subcontract made also with the general contractor and dated October 27, 1927.

After hearing the evidence, the trial court decided that the plaintiff Busset was entitled to a decree of foreclosure of the lien claimed, and that the defendants were not entitled to judgment under their cross-complaint against either Busset or Clausen. In due time a motion for a new trial was made by defendants and cross-complainants, which was denied so far as the motion related to Busset, but was granted as to the cross-defendant Clausen. Thereupon a motion was made immediately on behalf of Clausen to dismiss the action as to…