Schmid
Schmid v. Busch
Opinion
Lead Opinion
Belcher, J.
This is an action to "recover from the defendant Busch the value of certain work and labor, and to foreclose a laborer’s lien for the same upon the property of defendant Boone.
It is alleged in the complaint that at all the times named therein the defendant Boone was the owner and reputed owner of a described lot of land in the city of San Diego, with a frame dwelling-house thereon; that on a day named, he entered into a contract with the defendant Busch, under and by which Busch was to furnish certain work, labor, and material to be used in the repair of the said dwelling-house; that the contract was for less than one thousand dollars, to wit, about eight hundred dollars, and was never recorded in the office of the recorder of San Diego County; that Busch commenced the work of repairing the said house about the 1st of May, 1891, and fully completed the same, under and according to the terms of his contract, on the sixth day of July, 1891, and “.that there remains due and unpaid from said defendant B. F. Boone to said defendant W. Busch upon and for the repair of said dwelling-house, under said contract, the sum of not less than two hundred dollars, which said sum became due and…