Gunther

The plaintiffs commenced an action to foreclose a mechanic’s lien. Judgment was awarded them in the trial court and the owner of the real estate has appealed under section 953a of the Code of Civil Procedure.

In the fall of 1919 Ella W. Goodrich leased from E. 0. McCormick and Lillie H. McCormick, his wife, the house and lot known as 2015 Broadway, in San Francisco. The lease was to continue twenty-one months from the first day of December, 1919. As an accommodation to the lessee, the lessors allowed her to enter about the middle of November, and shortly after she entered she commenced making repairs and placing orders therefor.

The first order was written down by the plaintiffs on their letter-head and is as follows:

A week or ten days after the plaintiffs had commenced the above-mentioned work, the lessee requested the plaintiffs to do some other work. This second order is most concisely stated by quoting the testimony of Mr. Porter: “I have notes of the things I done there. We undertook that under a contract of $290, and then they wanted the cement steps and the walls cleaned in there, and that is a very hard thing to estimate, and so I told her I would do that under time…