Weeks

The respondents were awarded judgment in an action of appellant against themselves and others,- and this is an appeal therefrom.

One W. S. Weeks contracted with respondents for the erection of a house and garage upon their property in the county of Los Angeles, and purchased from the appellant lumber company certain sash, doors, hardware and materials for use in said structures. Respondents made and executed to Weeks a deed of trust in the sum of $1250 as security for the payment of any amount for which he might become indebted through such purchases, and the same was delivered to and held by appellant until completion of the work. Respondent J. Pludow, being informed that his account had been satisfied, and that one S. C. Briggs had purchased the deed of trust, was desirous of verifying this report and, to quote his testimony: He “called up Hammond Lumber Company on the telephone and told them I was Pludow, the owner of that house, and I wanted to know, because I am going to make another payment to this contractor, if they are paid. They couldn’t answer me right away on the ’phone. They told me they would connect me with the trust department, which they did. A girl answered the…