Watterson

After the first trial of this action, wherein a judgment had been rendered in favor of the plaintiff, that judgment was reversed by this court. ( 25 Cal. App. 247 , [ 143 Pac. 90 ].) On the second trial the court granted defendant’s motion for a nonsuit, and judgment was entered in favor of the defendant. From this judgment the plaintiff now appeals.

The complaint upon which the case was first tried was framed to state a cause of action for the foreclosure of a lien claimed by the plaintiff on real property, known as the Owens River Canal, for labor and materials furnished by the plaintiff of the alleged reasonable value of $20,189.54, which said amount was also alleged to be the whole amount of the contract price. It was alleged that on or about the sixteenth day of February, 1909, plaintiff and defendant entered into an agreement under which the plaintiff was to perform labor and furnish materials to be used in the construction, alteration, addition to, and repair of said Owens River Canal. The complaint described the labor and materials furnished and alleged that the contract had been fully performed by the plaintiff and the same was completed and said work finished and said…