Blanck
Blanck v. Commonwealth Amusement Corp.
Opinion
Lead Opinion
Lennon, J.
These actions were instituted by the plaintiffs therein for the foreclosure of fifteen mechanics’ liens claimed by the several plaintiffs for materials furnished in the construction of a theater building, erected by the defendant upon a certain lot of land in the city and county of San Francisco. The five actions were consolidated in the court below, and judgment rendered therein in favor of the plaintiffs. The appeal is from the judgment and from the order denying the defendant a new trial.
The building in question was erected by the defendant upon leased ground in accordance with the terms of a written contract entered into between the defendant and one Henry C. Parley. The contract for the erection of the building was never recorded.
The defendant contends at the outset that the several and various contracts under which materials were supplied in the erection of the building were not binding upon the defendant, and should not have been admitted in evidence, because it was not shown that, although made in the name of the defendant, they were subscribed by the president and secretary of the defendant and executed under its corporate seal. Although the record fails to show that…