Hanson
Hanson v. Cordano
Opinion
Lead Opinion
McFarland, J.
— This is an action for the enforcement of a material-man’s lien. The court below rendered judgment for defendants; and the plaintiff appeals from the judgment upon the judgment roll, there being no bill of exceptions.
The court found that the amount of money for which appellant claims a lien had been fully paid and satisfied; and the main question in the case is about the application of certain payments.
The facts necessary to be stated, as they appear in the findings, are these: The respondent Cordano, being the *442 owner of certain land, made a written contract with one MacBain, by which the latter, for the sum of seven thou-' sand one hundred dollars, was to construct a building on said land. The contract was recorded, as required by section 1183 of the Code of Civil Procedure. MacBain bought of Charlés Hanson lumber and materials of the value of $1,879.75, to be used in, and which were used in, the construction of said building. During the course of the construction of the building, Cordano made several payments of money to MacBain upon said contract; and of the identical money so paid by Cordano to MacBain, the latter paid to Hanson the full amount due him for said lumber…