Waters

Plaintiff sues to foreclose two liens (one claimed in its own right and the other as assignee) for materials furnished and used in the construction of a building for defendant Waters. Judgment went for Waters, and plaintiff appeals therefrom on the judgment-roll.

Waters entered into a written contract with one Watkins, a contractor, whereby the latter agreed for the consideration specified in said contract, to be paid in installments as therein provided, to construct for Waters a building upon lot 18 in block 5 of the Hutchinson tract in the city of Los Angeles, California, the cost of which building was upward of one thousand dollars. This contract was duly filed with the county recorder. In form it complied with the provisions of section 1183, Code of Civil Procedure, but through inadvertence and mistake, as found by the court, the description of the property to be affected thereby was erroneously inserted as being lot 18 in block 5, whereas the property owned by Waters so affected, and upon which the building was constructed, was lot 18 in block 4 of said tract.

Plaintiff and its assignor furnished materials to the contractor to be used, and which Avere used, in constructing…