L. W. Blinn Lumber Co. v. American Cement Products Co.

This is an appeal by the defendants ' American Cement Products Company and Henry Braun from an adverse judgment in consolidated lien suits for materials furnished and used in the construction of certain additions to a building. Braun is the owner of the land upon which the building was placed. The American Cement Products Company, as lessee of the land, caused the work to be done. In the complaints, which are identical in form, it was alleged that the American Cement Products Company-entered into a contract with the California-Arizona Construction Company whereby the latter Company was to “perform certain improvement work in the way of an addition to the frame and corrugated iron building located upon said property. ” But it was farther alleged that no contract or bond relative to said work was ever filed or recorded. The court found that these allegations were true. It further appeared, and was so found by the court, that the only construction work agreed to be done, or which was done, by the Construction Company consisted in the laying of cement floors; that all of the construction work other than said floors was done by and under the direct supervision of the Products Company ;…