Mannix
Mannix v. Tryon
Opinion
Lead Opinion
Lorigan, J.
This is an action to foreclose a mechanic’s lien. The defendant Tryon, owner of a lot in the city of Sacramento, contracted with the defendant Harris to erect a three-story building according to certain plans and specifications. The plaintiff, as a subcontractor, entered into a contract with the original contractor, Harris, to do the plastering and hard-finish work according to said specifications, and claiming to have performed it, and that a balance of one hundred and seventy-eight dollars was due him therefor, filed a lien and commenced this action against the original contractor and the owner of the lot to enforce its payment. A personal judgment was rendered in favor of plaintiff against the original contractor, Harris, for the amount claimed, and it was then further decreed in the judgment that a lien on the lot of the defendant Tryon existed in favor of plaintiff for said amount, provided for a sale of the lot and the application of the proceeds to the payment of the judgment, and in the event that the proceeds were insufficient for that pur pose that there be “docketed a judgment against the defendant J. B. Harris for the amount of such deficiency which may remain unpaid…