Mott

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 23 The actions were brought to enforce mechanics' liens and were consolidated for trial. Judgment was rendered in favor of plaintiffs against Frank P. Williams, the contractor, and in favor of Frank E. Wright, the owner, for his costs; and that the plaintiffs were not entitled to liens upon the premises described in the complaints. The appeal is by plaintiffs from the judgment. The owner, defendant Wright, entered into a contract with the contractor, defendant Williams, for the removal of a cottage from 11th and O Streets, in the city of Sacramento, to 24th and L Streets, in said city, and for the raising of said cottage and constructing flats underneath the same. The liens in question are sought to be enforced against the lot on 23d and L Streets. Work started on the flats about the middle of February, 1915, and continued without cessation until the twelfth day of May, 1915. From about March the owner occupied the upper portion of the building and later on tenants occupied the flats. It was found by the court that defendant Wright entered into…

Appellants have filed a petition for rehearing in which several points are raised. [9] The first one is, that the contract in question was an entire and not a divisible one. The contract was made by Wright, the owner, with Williams, the contractor, and provided for the erection of a six-flat building upon a lot at Eleventh and O Streets, in the city of Sacramento, for the consideration of nine thousand five hundred dollars. Said contract also contained the following provision: "It is hereby agreed that in consideration of receiving the above contract, the party of second part will furnish plans, and superintend the moving and erection of flats under present house, the location to be 23rd and L sts., without commission or consideration, it being understood that this work is to be done at absolute cost to the owner. The cost of remodeling not to exceed $1800 and moving not to exceed $125. He will also agree to superintend erection of garages and other work on lot which owner may desire under above conditions." *Page 33 The specific point made is, that the work on the O Street property was not completed until June 4 or June 12, 1915, which is "the true date from which the tolling of…