Diamond Match Co. v. Sanitary Fruit Co.

This action was brought to foreclose a materialman’s lien, filed against certain real property situated in the town of Red Bluff, Tehama County.

The second amended complaint states that on or about the ninth day of October, 1920, one Jasper W. Bandy entered into a contract with plaintiff whereby the latter agreed to furnish and did furnish and deliver to Band)’' lumber and building material of the agreed value of $3,209.58, to be used for the erection of a building for the defendant Sanitary Fruit Company on the real property specifically described in the complaint; that the latter, at the time said building material was being furnished, knew that the same was being used by said Bandy in the construction of a building on said Sanitary Fruit Company’s real property; that said Fruit Company has not paid the sum due for said lumber, etc., although demand for such payment has been made. Other essential facts in an action of the character of this are alleged, and then the complaint avers that the structure was completed on the fifteenth da.y of March, 1921, and that within ninety days after such completion plaintiff filed in the office of the county recorder of Tehama County its claim…