Harris & Stunston, Inc. v. Yorba Linda Citrus Ass'n

The plaintiff furnished certain water softeners which were installed in two packing houses belonging to the defendant. Notices of claim of lien for materials furnished were filed, followed by two actions for foreclosure of such liens, which actions were consolidated for trial. From a judgment in favor of the defendants the plaintiff has appealed.

The appellant contends that one W. F. Cruller was a subcontractor employed to do plumbing and similar work on the buildings in question; that he was the statutory agent of the respondent within the meaning of section 1183 of the Code of Civil Procedure, and that it furnished these softeners to Cruller as such agent. It is respondent’s contention that Cruller, in furnishing the water softeners, was not a subcontractor but was himself a materialman. The court found that Cruller sold the water softeners to the respondent at an agreed price and installed them upon the property; that the water softeners when sold to the respondent were the property of Cruller; that the respondent paid Cruller in full; that nothing was due to the appellant on account of said water softeners; and that the respondent was not entitled to a lien. It was further…