Ridens

Plaintiff sued to foreclose a mechanic’s lien. He had judgment against defendant Berry-alone for $518.70. The appeal is on typewritten transcripts.

The cause was dismissed as to all defendants other than Berry, the owner of the premises where the labor was performed. As to him plaintiff proved every essential element justifying his claim to a foreclosure of his lien. The defendant offered no defense. Findings and judgment were prepared and signed in which it was decreed that plaintiff have judgment in foreclosure “and for such lien purposes only.” But the judgment contained a direction that if the proceeds of the sale should be insufficient, a deficiency judgment for the amount unpaid should be entered in favor of plaintiff.

On this appeal error is predicated upon the latter portion of the judgment. It is error, of course, unless the appellant is “the party personally liable therefor” within the meaning of section 1194 of the Code of Civil Procedure. There is some evidence in the record showing the appellant executed a conditional sales contract with its co-defendant Economy Home Builders, Inc., whereby the corporation agreed to subdivide the premises, erect homes thereon, and…