Kritzer
Kritzer v. Tracy Engineering Co.
Opinion
Lead Opinion
Shaw, J.
Action to foreclose a mechanic’s lien.
Judgment went for plaintiff, from which the defendant Orange Blossom Mining and Milling Company appeals upon the judgment-roll alone. It appears from the complaint that at the times in question the Orange Blossom Mining and Milling Company owned ten contiguous mining claims consolidated and operated as one mine, known as the Orange Blossom Mine, and also owned a millsite located at Bagdad Station, nine miles distant from said mine. That defendant entered into a contract with the Tracy Engineering Company whereby the latter, for the gross sum of money therein specified, agreed to erect and construct a power plant upon said millsite, and erect and construct upon the mining claim known and designated as the Orange Blossom claim a stamp-mill and install certain mining machinery, appurtenances and fixtures, together with a transmission line extending from the power plant at Bagdad Station to the power-house and improvements to be constructed upon the Orange Blossom Mining Claim, and to furnish the materials and labor necessary in the construction and completion of said work. That said Tracy Engineering Company employed plaintiff to act as foreman…