Butler v. Ng Chung

Action to foreclose liens of materialmen and sub-contractors. The court gave the plaintiff, as assignee of the original claimants, a judgment against the owners for $2988.40, with interest, and also for the foreclosure of a lien upon the property for said amount. The said owners appeal from the judgment and from an order denying their motion for a new trial.

The complaint is in six counts, each setting up the claim of one of plaintiff’s assignors. The plaintiff alleged the due execution and filing of a written contract between the appellants, as owners, and the defendants Jordan & Cram, as contractors, for the erection of a four-story and basement brick building for the agreed price of fourteen thousand dollars. It is averred that Jordan & Cram proceeded with the construction of the building until on or about the seventeenth day of April, 1906, when said contract was abandoned, but no notice of cessation of labor has ever been filed. The assignors of plaintiff filed their respective claims of lien, and each, during the progress of the work, served upon the owners written notice of the furnishing of materials and the performing of labor, in the amounts claimed. (Code Civ. Proc.,…