Baird

Action to foreclose a mechanic’s lien for the sum of $150, alleged to be the balance due on a contract for painting. The following is a copy of the written contract as admitted by the pleadings:—

The judgment was in favor of plaintiff, enforcing the alleged lien for the balance claimed.

The defendant appeals from the judgment, and from an order denying his motion for a new trial.

Appellant contends that the contract is void because the whole price is not payable in money, and, in support *237 of this point, cites the following provisions in section 1184 of the Code of Civil Procedure: “As to all liens, except that of the contractor, the whole contract price shall be payable in money, and shall not be diminished by any prior or subsequent indebtedness, offset, or counterclaim in favor of the owner and against the contractor. . . . . All such contract and alterations thereof as do not conform substantially to the provisions of this section shall be wholly void, and no recovery shall be had thereon by either party thereto.”

I think the plaintiff was an original contractor, within the meaning of sections 1184, 1187, and 1194 of the Code of Civil Procedure, and therefore within the…