Sexton

The plaintiff commenced an action against the defendants to foreclose a mechanic’s lien. The trial court made findings in favor of the defendants and from a judgment entered thereon the plaintiff has appealed.

In his complaint the plaintiff based his cause of action on a written contract employing him as architect. The indenture of employment, set forth as an exhibit, is dated January 22, 1929. In their answer the defendants inserted certain denials and then they set forth certain affirmative defenses and among others they pleaded that the written contract was modified and rescinded. The trial court made a finding in favor of the defendants on the issues presented by that affirmative defense. The plaintiff earnestly contends that said finding is not supported by the evidence that was introduced at the trial.

As early as 1927 the defendant L. F. Bollinger commenced the attempt of building a hospital in Richmond in Contra Costa County. At first he tried to organize a stock company and to issue $500,000 in stock. On that line he proceeded until it transpired that the proposition could not be put over and he stopped all proceedings and refunded moneys received and was about to give…