Combs
Combs v. Eberhard
Opinion
Lead Opinion
Lambert, J.
In this matter George L. Combs, Carlyle M. Canning, doing business under the name of Canning Electric, Melvin L. Moore and Arthur C. Baird, copartners doing business under the name of Moore & Baird, brought an action to foreclose mechanics’ liens for labor and material furnished to the defendant in the case, Mary Eberhard, the owner of the property on which the liens were sought to be foreclosed. The Hayward Lumber & Investment Company also brought a suit to foreclose its lien upon the same premises for lumber and other materials which it had sold to the plaintiff Combs as á contractor, claiming the sum of $444.89 and $1.50 for recording lien. This suit was consolidated with the first suit. The defendant Mary Eberhard denied full performance by the contractor as alleged, claiming that the full payment had been made for the work actually done, and in her cross-complaint prayed that she have judgment against the contractor Combs for any lien that the court might give to the other claimants for-labor and materials sold to the contractor and for general relief. The actions were tried together and the court made one set of findings and conclusions and entered one judgment.