Mannix

The original complaint, as stated by respondent, set forth a cause of action for the foreclosure of a mechanic’s lien upon the property therein described, for plastering the building thereon, under a contract between respondent and the original contractor, one J. W. Mitchell, and also against the owner, appellant Wilson, personally, on a “stop notice” served upon him pursuant to section 1184 of the Code of Civil Procedure. By a subsequent amendment another cause of action for the same debt is alleged against appellant, on a written guaranty which appellant gave re spondent for the payment by said Mitchell of the contract price of said plastering. No question is raised, nor indeed could be, as to the sufficiency of the complaint, and the only issue presented by the answer which can be considered here is found in the averment that “plaintiff hindered and delayed the said work, and did not prosecute the same with reasonable or any diligence, but unreasonably and without any valid excuse therefor did so negligently and slothfully perform the same and so neglected the performance of and hindered and delayed the same, that the same was not completed by him until sixty days subsequent to…