Hammond Lumber Co. v. Richardson

This is an action for the foreclosure of a mechanic’s lien upon real property in the city of Los Angeles. S. N. Reiss, defendant, owner of the property upon which the lien was claimed, entered into a contract with the Richardson Building & Engineering Co., Inc., a corporation, for the erection of a building. The plaintiff Hammond Lumber Company furnished the materials which were used in the construction of the building. Not being paid for such materials, plaintiff within the statutory time recorded a claim of lien, and subsequently brought this action. Plaintiff had judgment decreeing foreclosure, and from such judgment defendant Reiss has appealed.

Respondent had for some time before the date of the execution of the contract between the Richardson Building & Engineering Co., Inc., and appellant, done business with, and sold materials to, the Richardson Building & Engineering Co., believing that it was a fictitious name used by Burt Richardson. Without knowledge that a corporation had been formed or that appellant had entered into a contract with the Richardson Building & Engineering Co. as a corporation, it continued to do business with the “Richardson Building & Engineering…