Johnston

Plaintiff sued to foreclose a mechanic’s lien in the sum of $1946. The cause was tried before the court without a jury and resulted in a judgment for plaintiff in the sum of $946 from which he appeals on typewritten transcripts.

The defendant Groom was a building contractor and in the course of his business constructed a building for the other defendants in Redwood City. The plaintiff was a cement contractor who furnished the materials for and performed the cement work on the same building under a subcontract with Groom. At about the same time Groom and the plaintiff were engaged in the construction of other buildings under the same arrangements. Groom admittedly owed plaintiff the sum of $1946 on account of the work and labor performed on the Redwood City building, while his indebtedness to plaintiff on the other contracts amounted to $2,357. On June 1, 1927, acting under Groom’s instructions and his arrangement with the plaintiff, Mrs. Groom deposited with the Bank of Italy in Redwood City her cheek for $1,000, with instructions to credit the proceeds to plaintiff’s account. This was done and the whole controversy here is whether this payment should be applied to the Redwood…