Ogram
Ogram v. Welchoff
Opinion
Lead Opinion
Richards, J.
This was an action to foreclose a mechanic’s lien. Judgment went for defendants upon the ground that the lien filed by the plaintiff was void because it did not contain ‘ ‘ a statement of the work agreed to be done' by "‘plaintiff.” Plaintiff-appeals, the record on appeal consisting of the judgment-roll alone.
The sole question presented is whether or not the claim of lien substantially complied with the section of the Code of Civil Procedure prescribing what it should contain.
Section 1183 of the Code of Civil Procedure provides that certain classes of persons therein enumerated shall have a lien upon the property upon which they have bestowed labor, or in the construction of which they have furnished materials, and it is not disputed that the plaintiff comes within one of such enumerated classes.
Section 1187 of said code-provides that every person claiming such lien must file a “claim of lien containing a statement of his demand . . . with the name of the owner or reputed owner, if known, also the name of the person by whom he was employed, or to whom he furnished the materials, with a statement of the price, if any, agreed upon for the same and when payable, and of the work…