Farbstein

This is an appeal from an order dismissing, for want of prosecution, an action to enforce a mechanic’s lien.

The defendant Woulfe is the owner in fee of certain lots in the Vista Del Mar Tract, in the county of Orange. On June 1, 1921, he entered into an oil and gas lease with the defendant Robert M. Pease. By assignment this lease came into the hands of the defendant Malis Aldahl Syndicate. In August, 1921, the syndicate commenced the drilling of an oil-well on the premises. Between August 15 and March 8, 1922, the plaintiff furnished to the syndicate for use, and which was used in the oil-drilling enterprise, certain oil-well casing at an agreed price of $8,653, of which the sum of $2,646.54 was paid. The balance of the purchase price not having been paid, the plaintiff, on March 8, 1922, filed a mechanic’s lien on said real property. On April 13, 1922, a complaint was filed to foreclose the lien.

On December 12, 1924, the defendants Pease and Woulfe moved the court, on notice, for an order dismissing said action for want of prosecution. The motion was supported by the affidavit of the defendant Robert M. Pease, setting forth that the summons in said action was not served on…