Wickliffe

The action is one to foreclose a mechanic’s lien. The complaint originally set forth two causes of action. Plaintiff dismissed as to the first cause of action and the case proceeded to trial upon the second. This alleged the ownership by defendant of a parcel of ground; that a contract was entered into between the owner and a certain corporation for the construction of a dwelling on the property for the sum of $-, under and by the terms of which said contractor agreed to furnish materials and labor and perform the contract ; that the contractor purchased of plaintiff the materials mentioned in the complaint; that the same were sold to be used and were actually used in the construction of the house; that the house was completed on the second day of November, 1908, and no notice of completion has ever been filed; that on January 29, 1909, plaintiff filed its claim of lien, and on the twenty-seventh day of January, 1909, served upon the owner a stop-notice under section 1184, Code of Civil Procedure. The answer denied the material allegations of the complaint, and upon the trial it was stipulated that the allegations of the complaint were true, except as to the labor and materials…