Baker
Baker v. Lake Land Canal & Irrigation Co.
Opinion
Lead Opinion
Burnett, J.
J.—The case represents the consolidation of two actions brought to foreclose liens for labor bestowed upon a certain canal and right of way belonging to defendants.
The appeal is from the judgment in favor of plaintiffs and an order denying a motion for a new trial.
About June 25, 1904, appellants entered into a contract with defendants W. B. Livermore and J. W. Livermore, who were doing business as partners under the firm name of Livermore Brothers, under which the latter agreed to construct a certain ditch or canal leading from Kings river in Kings county.
The amount agreed to he paid thereunder was in excess of one thousand dollars, but the contract was not recorded until some time after the work of construction was begun. It is conceded, therefore, that the work done by plaintiffs must bie deemed to have been bestowed upon the canal at the personal instance of the owners. (Code Civ. Proc., sec. 1183 ; Kellogg v. Howes, 81 Cal. 170 , [ 22 Pac. 509 ] ; Davis Henderson Lumber Co. v. Gottschalk, 81 Cal. 641 , [ 22 Pac. 860 ] ; Pierce v. Birkholm, 115 Cal. 657 , [ 47 Pac. 681 ] ; Smith v. Bradbury, 148 Cal. 41 , [ 113 Am. St. Rep. 189 , 82 Pac. 367 ].)