Wilson

Action to foreclose a mechanic’s lien. Findings and judgment for plaintiff:. Order denying a new trial. From the judgment and order defendant appeals.

The undisputed facts are, that in September, 1905, defendant Richmond was the owner of the premises involved, subject to an executory contract of sale therefor entered into between defendant Richmond and one Wilson; that no stipulations were contained in said contract with reference to possession, but it appears that Wilson took possession; that defendant was absent from the city of Riverside, where said premises are situate, from September 12th until October 15th; that during such absence Wilson purchased material with which to make certain additions and alterations to a house on said premises, and completed the same on September 20, 1905. Defendant, after obtaining knowledge of such improvements, posted no notice disclaiming responsibility therefor, as provided by section 1192, Code of Civil Procedure. Plaintiff’s claim of lien was filed December 15, 1905.

The court finds that defendant had knowledge and notice of the repairs, additions to and alterations of said building. When such notice was given or obtained is not definitely…