Becker

A writ of certiorari was issued to review, a judgment of the superior court of the county of Santa Clara, it appears that the Glenwood Lumber Company, a corporation, on the tenth day of November, 1904, filed in said superior court of Santa Clara County a complaint against Frances L. Mason, A. Becker, and James H. Tooze, as defendants, to recover $81.23 claimed to be due from Becker and Tooze for lumber furnished to and used by them in the construction of a building which, as contractors, they erected for Frances J. Mason, as owner, and to foreclose a mechanic’s lien of said Glenwood Lumber Company upon said building. The complaint was in proper form and its allegations, if proven, would have entitled the plaintiff to the relief claimed. The defendants answered, denying some of the allegations of the complaint. At the conclusion of the trial a nonsuit was granted as to defendant Mason upon the ground that the claim of lien filed by the plaintiff did not truly state the terms of the contract between said plaintiff and Becker and Tooze, in that the time of payment for the lumber was not correctly stated. The court, however, filed findings of fact in which it found that the claim of…