Webster
Webster v. Carr
Opinion
Lead Opinion
James, J.
Plaintiff brought this action to enforce by foreclosure an alleged lien accruing to him as a mechanic who performed labor upon a building being constructed for defendant. It is alleged in the complaint that defendant entered into a contract with one Morgan for the construction of a five-room brick cottage and that the contract was in writing and duly recorded; that plaintiff was employed by Morgan, the contractor, to perform labor as a painter upon the cottage, for which Morgan agreed to pay him the reasonable value of his services; that pursuant to such employment plaintiff did, “between the first day of June, 1909, and the twenty-first day of July, 1909, ’ ’ perform ten days and seven hours ’ labor in painting said cottage, which labor was of the reasonable value of $54.37. It was further alleged that the cottage was completed on the sixth day of July, 1909, but that no notice of completion was filed with the county recorder, and that on the twenty-first day of July, 1909, plaintiff filed and recorded his claim of lien. The complaint contained other appropriate allegations as to the description of the real property upon which the cottage was constructed, and set forth that the…