Boscus

This is an action of foreclosure under the mechanic’s lien law.

On the eleventh day of April, 1912, the appellants, the Waldmanns, and the defendant, Marcuse, entered into an agreement in writing whereby the latter agreed to erect upon certain real property of the first named parties, situated in the city of San Francisco, a three-story frame 'building for the sum of $18,915, which sum was to be paid in certain specified installments at specified times, the last installment ($4,728.75) 'being made payable thirty-five days after the completion of said building. Said contract was filed for record in the office of the county recorder of the city and county of San Francisco on said eleventh day of April, 1912, but there was not filed with said contract before the work was commenced, or at any other time, the 'bond provided by section 1183 of the Code of Civil Procedure, or any bond whatever.

Immediately after the eleventh day of April, 1912, the defendant, Felix Marcuse, commenced the erection of said building upon the real property described in the complaint, in pursuance of the terms of said contract between him and the Waldmanns, and the complaint alleges that he completed the…