Newell

The plaintiff had judgment herein foreclosing a mechanic’s lien, and the defendant appeals from the same and from an order denying him a new trial.

1. The contract of plaintiff’s assignors, Newell Bros., provided that the firm would do the gas-fitting and the plumbing in the building for $614. The complaint alleges that the Newell Bros, “agreed to do all of the work and furnish all materials necessary to complete the plumbing work in said building, according to the plans agreed upon between said parties,” for an agreed price of $614. The claim of lien recited that the work and materials necessary to do the plumbing work were to.be done and furnished, “according to the plans and specifications agreed upon between said claimants and said William Brill, ’ ’ for $614. It is claimed that there was a material variance between the agreement above quoted on the one hand, and the claim of lien and the complaint on the other. We do not think this claim should be upheld. The mechanic’s lien law is remedial, and should be liberally construed, with a “view to effect its objects and to promote justice.” (Code Civ. Proc., sec. 4.) It may be true that the business of a gas-fitter is something…