Alderman

The defendant Heil leased to the defendant McCardia a ranch situated in the county of Orange, upon which was a dwelling-house. McCardia employed the plaintiff, who is a painter and general contractor, to make certain repairs to this house, which repairs, according to the evidence, were worth $213.45. The bill not being paid, notice of lien was recorded and this action brought against the lessee and the lessor for the purpose of foreclosing a mechanic’s lien on the property. At the close of the plaintiff’s evidence a nonsuit was granted as to the defendant lessor, and from a subsequent judgment in her favor, this appeal is taken.

It does not appear from the evidence that the respondent had any actual notice of the improvements in question and the only contention raised by the appellant is, that the respondent had constructive notice by reason of the fact that the dwelling-house on the property was in such a state of repair as to make it untenantable, and that she was therefore charged with constructive knowledge that the tenant would make the repairs which were made.

As to the condition of the house, the appellant testified as follows: “Well, it was dirty and the paper was off…