Mendenhall

The plaintiff appeals from a judgment in favor of defendants entered upon the Sustaining of their demurrer to plaintiff’s second amended complaint.

The action was brought to foreclose a lien under section 1183a of the Code of Civil Procedure. This section, which was added to the code in 1909 (Stats. 1909, p. 1003), has now been repealed (Stats. 1911, p. 1319). The transactions here involved took place in 1910, while the enactment was in force. The section gave a lien to persons supplying power by means of teams, wagons, vehicles, implements, or appliances, used in the construction, alteration, addition to, or repair of any of the improvements or works mentioned in section 1183 of the Code of Civil Procedure. The procedure for enforcing the lien is the same as that provided for enforcing liens of persons furnishing materials. The right to give notice to withhold payments is also given to persons thus supplying power in the manner that such right is given to materialmen by section 1184.

The complaint sets forth that on February 28, 1910, the defendant Sacramento Valley Irrigation Company, as owner of certain ditches, aqueducts, and canals, made a contract with the defendant Gray,…