Dixon

Dixon v. Fredericks

Good Law
129 Cal. App. 703·1933 Cal. App. LEXIS 1096·19 P.2d 272
Court of Appeal of CaliforniaFebruary 18, 1933Docket No. 4742.California1,217 words

Opinion

Lead Opinion

Thompson, J.

This is an appeal from a judgment imposing a mechanic’s lien upon the premises of the owners thereof to secure the payment of a claim for painting the building. The contract for the work was made with the lessee of the premises. It is contended the property is not subject to lien because the painting was not done with the knowledge of the owners.

The appellants own lots 35-82, tract 3874, in Los Angeles, together with the building which is situated thereon. The premises were leased to the defendant Fredericks. November 9, 1928, the lessee entered into a contract with the respondents to paint the interior of the building. This contract was completed November 17, 1928. The reasonable value of the services is $374. December 17, 1928, the appellants signed a written acknowledgment of their liability for the claim and agreed to pay the bill. January 7, 1929, the respondents filed their claim of lien pursuant to statute against the appellants’ property to secure the debt. The appellants failed to file or record a notice of nonresponsibility for the claim as provided by section 1192 of the Code of Civil Procedure. The court adopted findings in accordance with the foregoing statement of…

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