Burke

This is an action to foreclose a lien for the value of materials alleged to have been furnished by the plaintiff to C. W. Burke Co., a corporation, subcontractor under a corporation known as Lindgren Co., who was the original contractor for the erection of a building for the Olympic Club in San ^Francisco. The materials were furnished for use, and were used, in said building, and in the completion of the subcontract of said G. W. Burke' Co. Issues were formed, a trial was had, and findings and judgment were given in favor of the defendant Lindgren Co. The plaintiff appeals from the judgment.

The only controversy upon this appeal is upon the question whether or not, by reason of a certain agreement executed by E. Aigeltinger, G. W. Burke Co., and Lindgren Co., on October 13, 1911, and the circumstances under which said agreement was made and carried out, the Aigeltinger Company is estopped from claiming a lien on the property. It is admitted that the notice of lien was duly filed within the time allowed by law, and that the amount claimed therein was justly due from G. W. Burke Co. to the Aigeltinger Company for materials furnished by the latter to the former as subcontractor, for…