Brooke

This is an action to foreclose a mechanic’s lien. Judgment was rendered in favor of the lien claimant, J. & W. C. Shull, a corporation, from which judgment Title Insurance & Trust Company, as trustee, and Golden State Securities Company and Alhambra Plardware Company have appealed.

Defendants W. S. Brooke and Blanche E. Brooke were the owners of a parcel of land in the city of Alhambra, and contemplated the erection of an apartment house thereon. To that end they entered into negotiations with respondents J. & W. C. 'Shull Corporation to furnish certain lumber, doors, hardware, cement and other building materials. On March 27, 1925, respondents J. & W. C. Shull delivered on the job, upon the order of defendant Brooke, certain lumber which was, prior to the recordation of the trust deed hereinafter referred to, actually used in the building of forms for the concrete foundation of the building, amounting to $78.29. Three days later, or on March 30, 1925, a deed of trust in favor of appellants was placed of record. On April 6, 1925, a so-called written contract was entered into between defendants Brooke and respondents, designating certain described lumber which was to be used in…