Jarvis

The respondent, Universal Lumber & Mill Company, was a party to and a cross-complainant in a consolidated action to enforce the payment of certain mechanics’ liens. Defendant Frey was the owner, defendant Campbell was the original contractor and cross-defendant, and the cross-defendant and appellant Pacific Surety Company was the surety upon' the contractor’s undertaking, conditioned on the faithful performance by him of his contract, and binding the súrety, if Campbell failed to do so, to pay for any materials or supplies furnished for and in performance of his contract. The trial court denied the Lumber Company relief by reason of certain infirmities in its claim of lien which, it held, rendered it invalid. It likewise denied it judgment against the Surety Company, based upon the same.ground, to wit, the invalidity of the lien. On appeal the supreme court held that “the trial court ruled all too rigidly in holding this lien claim to be invalid.” The judgment appealed from was, therefore, “reversed, and the cause remanded.” (Jarvis v. Frey, 175 Cal. 687, 690 , [ 166 Pac. 997 ].)

When the case came on for trial the second time the respondent Lumber Company introduced evidence,…