Ratto
Ratto v. Younie
Opinion
Lead Opinion
Curtis, J.
Action brought to recover .the balance claimed to be due plaintiffs upon a contract for the construction of a business block in the city of Susanville, county of Lassen, and to foreclose a contractor’s lien against the premises upon which the building is located for the amount found to be due. Plaintiffs sought also to establish the priority of their lien over a mortgage lien held by the defendant, the Lassen Industrial Bank, against said real property. The trial court gave judgment in plaintiffs’ favor in the sum of $3,325.03 against the defendant W. A. Younie and decreed that they were entitled to a lien for that amount against said real property, but held that their lien was subsequent and subject to the lien of the defendant, the Lassen Industrial Bank. Plaintiffs concede the correctness of said judgment in so far as it establishes the priority of the lien of said bank over their own lien, but are dissatisfied with the amount awarded them in the judgment against the defendant Younie. They have appealed therefore from that portion of the judgment awarding them judgment against the defendant Younie in the sum of $3,325.03.