Bailes

Plaintiff sued to foreclose a mechanic’s lien. The cause was tried before the court and, at the close of plaintiff’s case, the trial court granted a nonsuit, as to certain defendants. The plaintiff appeals on typewritten transcripts.

Plaintiff is the assignee of Union Tank and Pipe Company, a corporation. This company sold to defendant Bailes a quantity of oil-well casing which Bailes used in sinking a well upon property owned by defendant Barry, and located at Huntington Beach, Orange County. The contract price with Bailes for the materials furnished was $1945. When the company filed its claim of lien for these materials it entered the amount due as $2,949. On the trial it developed that this sum of $2,949 was due the company upon a separate account with Bailes for materials furnished him to be used upon property located at Signal Hill in Los Angeles County. Upon this showing, the trial court sus tained objections to the offer in evidence of the claim of lien and the assignment thereof. If these rulings were sound, the orcler granting the nonsuit was proper because plaintiff had no evidence establishing the lien, which it sought to foreclose.

.The evidence was without…