Grom

The action was to foreclose a lien for planting a vineyard on the property of said Mary Center situated within the incorporated limits of the town of St. Helena.

The particular allegation of the complaint important here is as follows: “That in the months of March and April, 1912, said Mary Center and one Richard W. Fealy, a defendant herein, caused a vineyard to be planted upon said land and that during the setting out of the same and at their request the plaintiff furnished and performed the labor actually used in planting said vineyard and that they and the plaintiff mutually agreed on or about the 22d of March, 1912, that the said plaintiff should plant said vineyard on said land; that he should commence said planting immediately and do said work in a satisfactory manner, and that upon completion thereof he should be paid by said defendants therefor at the rate of two cents a vine, which was and is the reasonable value of said work at said time and place. ’ ’ This is followed by allegations of the faithful performance of the work by plaintiff and of the amount still due and unpaid.

A demurrer to the complaint was sustained, it being the opinion of the lower court that it was…