Rapp

The plaintiff commenced an action against the defendants to foreclose a mechanic’s lien. The owners appeared and answered. A trial was had before the court sitting without a jury. The trial court made findings of fact in favor of the plaintiff and from a judgment entered thereon the defendants have appealed under section 953a of the Code of Civil Procedure.

Before any evidence was introduced the defendants objected to the taking of evidence on the ground that the complaint did not state a cause of action. The trial court allowed the plaintiff to amend and thereupon overruled the objection. The defendants complain that they were taken by surprise. In making this contention they are not supported by the record. After their objection had been overruled the defendants did not move for a continuance and the record does not disclose any fact showing that the defendants were prejudiced.

Prior to the 14th of March, 1924, Harry Brannan was lessee of the real estate and the improvements thereon which are involved in this litigation. The improvements consisted of a building known as Ladora Hotel. Brannan employed the plaintiff to make certain alterations, repairs and additions to the…