Yost

Yost v. Roux

Good Law
1915 Cal. App. LEXIS 72·27 Cal. App. 307·149 P. 781
Court of Appeal of CaliforniaApril 30, 1915Civ. No. 1352.California1,835 words

Opinion

Lead Opinion

Chipman, J.

This is an action to enforce a material-man’s lien. The record is here on the judgment-roll alone. The court made findings from which as conclusions of law it found: That plaintiffs are entitled to judgment against defendants Barrick & Murphy, a copartnership composed of W. C. Barrick and H. B. Murphy, for the sum of $146.13, but without costs; that plaintiffs are not entitled to a lien against the property of defendants Roux and wife and that these latter defendants are entitled to judgment against plaintiff for their costs. Judgment passed accordingly, from which plaintiffs appeal.

The contention of appellant is that the trial court drew erroneous conclusions from the findings and should have directed judgment enforcing the lien claimed as prayed for by plaintiffs.

It appears from the findings of fact that defendants Roux and wife were the owners of the lots, situated in the town of Mill Valley, on which the building in question was being erected; defendants Barrick and Murphy were the contractors employed by the owners to erect the building; plaintiffs were materialmen who furnished Barrick & Murphy materials for the building; that, about October 16, 1911, defendants Barrick…

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