Gibson

This is an action to foreclose a mechanic’s lien by a materialman. The contract was admitted to be void for failure to record.

The court finds that the material was furnished and used for the construction of the building, and the only reason the judgment was given for respondents was on account of an error of description in the notice of lien. It appears from the complaint filed, and is not denied by the answer, that the defendant, Dora May Gibson, was the owner of lot 4 in block “0” of the Pellissier tract, in the city of Los Angeles. That on the twenty-ninth day of September, 1905, she, as such owner, entered into a contract for the erection and construction of a dwelling-house upon the property above described for an agreed price of $2,000; that this contract was subscribed by the parties thereto and filed for record, but no plans and specifications referred to in said contract as being attached thereto were in fact attached to said contract or filed; that the contractor entered upon the performance of his contract and completed the same according to the terms thereof. That during the progress of the work the contractor purchased of plaintiff material of the value of $477.63,…