Ferger
Ferger v. Gearhart
Opinion
Lead Opinion
Bardin, J.
pro tern.—During the early part of the year of 1916, the People’s Ice Company, a corporation, was engaged in the construction, alteration, and repair of certain of its buildings upon its property in the city of Fresno, California. This work was undertaken by the corporation itself, as owner, under the superintendence of one of its employees. The corporation, falling into financial difficulties, was adjudicated a bankrupt in May of 1916. Among its creditors were several who had furnished materials for, and who had performed labor upon, the buildings referred to. Eleven claims of lien were filed under the provisions of the mechanic’s lien law (Code Civ. Proe., see. 1183 et seq.), and assignments were thereafter made to the plaintiff of the specific amounts due each claimant, and also of the rights of the lien claimants under their respective claims of lien.
[1] The appeal is taken from the portions of the judgment which are founded upon the claims of Swastika Lumber Co., for materials, Kielelguhr Company of America, for materials, Lewis Electric Company, for labor and materials, and Valley Roofing Company, for labor and materials. It is admitted in the brief of respondent that “no…