Rauer

The cause was here once before and is reported in Rauer v. Fay, 110 Cal. 361 . The action there was to enforce a mechanic’s lien for certain street work done under a contract entered into between the plaintiff’s assignor and defendant. The plaintiff had judgment, which was reversed. It was held that the contract was too uncertain and indefinite to entitle it to be admitted under the allegations of the complaint, but it was suggested that “possibly had the contract been set out in the complaint, with proper averments of the intention, and object of the parties, it might upon proof have been so reformed as to be available as a basis of recovery.” The amended complaint sets forth the contract in its legal effect, and not by its terms, and does not ask for its reformation; it calls for a personal judgment, and the matter of lien is eliminated. At the trial defendant had judgment, and, on plaintiff’s motion, the court made an order granting a new trial. Defendant appeals from the order. The trial was by the court without a jury, and it made general findings as follows: “1. That none of the allegations of plaintiff’s complaint are true; 2. That all the allegations of defendant’s answer…