Arata & Peters, Inc. v. Snow Mountain Water & Power Co.

Plaintiff sued to foreclose a mechanic’s lien for foodstuffs furnished the contractor under a private contract. A demurrer to the third amended complaint was sustained without leave to amend and a judgment of dismissal as to the Water Company followed. Plaintiff appeals upon a typewritten record.

The amended complaint alleges that the plaintiff furnished to the contractor certain articles of food con sisting of fruit, vegetables, onions, beans, and potatoes, all of which “were actually used and consumed in the construction work” on a dam which the contractor was building for the Water Company under written contract. The usual allegations as to the failure to pay, the filing of a lien, and the amount due the contractor from the owner followed, but these do not call for consideration on this appeal. The essential question is whether a mechanic’s lien will lie under our statutes for the character of supplies alleged to have been furnished.

Section 1183 of the Code of Civil Procedure, permits “mechanics, materialmen, . . . and all persons . . . furnishing materials to be used or consumed in ... the construction ... of any building, ... or other structure” to have a lien upon the…