Bull

This is an appeal by defendant Emma C. Ferris, owner of the lot and building described in the complaint, from a judgment foreclosing a mechanics’ lien upon said real estate. Prior to the time when this controversy arose Emma C. Perris leased to defendants J. E. Bull and Arthur E. and Frederick W. Elworthy, copartners, the loft of the premises affected, which loft was to be used exclusively as a dancing hall. Thereafter said copartners entered into a contract with the plaintiff to surface and wax the floor of the loft in order to make it suitable for dancing, the price agreed upon for the work being the sum of three hundred and sixteen dollars. The work consisted of making the floor level and smooth by sandpapering it with a machine operated by electricity and by hand labor, after which it was waxed. The agent of the appellant knew that this work was being done, and gave no notice that the owner would not be responsible for the cost of it by posting written notice to that effect in a conspicuous place on the premises as provided in section 1192 of the Code of Civil Procedure.

The work was completed, and the partnership defendants having paid only a portion of the bill therefor, a…