Mendoza

Plaintiffs commenced the action to enforce certain service liens against the real property belonging to defendant Central Forest Company. These liens consist of two classes: 1. Labor performed; and 2. Liens for appliances, teams, and power furnished and supplied.

The trial was by the court without a jury and plaintiffs had judgment, from which defendant Central Forest Company appeals.

Appellant states in its closing brief that “since the brief was prepared the laborers have been paid and the judgment has.been satisfied so far as it affects the laborers. ’ ’ Appellant asks that the judgment be reversed as to plaintiffs J. A. Davis and Eldon E. Thwaites, whose claims fall under the second class above referred tó.

Section 1183 of the Code of Civil Procedure is as follows:

It is alleged in the complaint “that at all times herein mentioned, the defendant; J. S. Westphal was the contractor, agent and representative of the defendant, Central Forest Company, a corporation, in the work and construction under the contract hereinaftjer mentioned, and represented defendant, Central Forest Cpmpany, in that behalf.

“That on the 15th flay of May, 1914, said defendant J. S. Westphal, made…