Moses

Moses v. Pacific Building Co.

Good Law
1922 Cal. App. LEXIS 131·58 Cal. App. 90·207 P. 946
Court of Appeal of CaliforniaJune 5, 1922Civ. No. 3892.California1,915 words

Opinion

lead Opinion

Conrey, J.

This action was commenced by R. P. Moses for the foreclosure of a lien claimed by him for labor and materials furnished and used in the making of certain improvements and alterations in a building of the defendant. He appealed from the judgment entered in favor of the defendant. Pending the appeal, R. P. Moses died, and the administratrix of his estate was substituted as plaintiff and appellant.

The record on appeal consists of the judgment-roll. From the findings we ascertain the following facts: The de fendant, as owner of a storeroom building located on the lots described in the complaint, leased those premises to the San Diego Manufacturing Association, which afterward became the Inorganic Products Company, a corporation. Thereafter the products company, “with the knowledge and consent of the said defendant,” caused to be installed in the building “certain equipment and machinery for the manufacture of paint.” On or about the twenty-fourth day of May, 1920, the San Diego Manufacturing Association entered into a contract" with the plaintiff whereby the plaintiff agreed to furnish certain materials and to do and perform labor in installing in said building electric wiring,…

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