Brooke

In this action to foreclose certain mechanics’ liens, the defendants, Title Insurance & Trust Company, a corporation, and Alhambra Hardware Company, a corporation, had judgment. From these judgments the plain tiffs appeal. The record shows that two actions were involved, but were tried as one, and for the purposes of this decision, we will consider the cases as one.

The findings of the court and the record show that on the nineteenth day of March, 1925, the defendant, W. S. Brooke, was the owner of the real property described in the complaint; that on or about said date W. S. Brooke entered into a contract with the defendant George H. Whyte, whereby it was agreed that the defendant Whyte was to perform certain brick work in the construction of a building to be erected by the owner. On or about the sixth day of April, 1925, the K. & K. Brick Company agreed to furnish Whyte such brick as he should order, at the price of $12 per thousand, and thereafter, and prior to the eleventh day of May, 1925, the Brick Company furnished to the defendant Whyte 327,750 bricks. On the ninth day of June, 1925, Lounsberry & Harris, a corporation, entered into an agreement with W. S. Brooke to…