Stephens
Stephens v. Weyl-Zuckerman & Co.
Opinion
lead Opinion
Hart, J.
The complaint is in three counts, it being alleged in each that the defendant requested the plaintiffs to furnish certain' materials and perform certain work upon a certain gasoline launch belonging to the defendant, and “plying the waters of the San Joaquin River and the tributaries thereof.” It is alleged that the plaintiffs furnished the materials for and performed the work upon said launch as so requested, that the aggregate value of the same is the sum of $296.94, and that, although often requested to do so, the defendant has failed and refused, and still fails and refuses, to pay the plaintiffs the said sum of money. A lien, purporting to be that authorized by section 813 of the Code of Civil Procedure, is expressly claimed, the prayer of the complaint being in accordance with the allegation asserting the right of lien and is as follows: “Wherefore, plaintiffs pray that judgment be given in their favor, against said defendant, for the sum of two hundred ninety-six and 94/100 dollars ($296.94), together with costs of suit incurred herein, and that in due course plaintiffs may have said launch, ‘Weyl-Zuckerman Co.,’ commonly known as ‘Old Boat,’ together with its tackle,…