Giant Powder Co. v. San Diego Flume Co.

This appeal is from a judgment rendered in the court below in favor of the plaintiff. The action was brought to obtain judgment against a contractor, by a material-man,formaterials.furnished in the construction of certain works to be used to support, the flume of'one of the defendants and appellant, and against the flume company, to subject the structure in. which the materials, were used to the statutory lien, of the plaintiff.

The case has been twice before on appeal in the supreme court. ( 78 Cal. 193 ; 88 Cal. 20 .)

The point made-for,- thejreversal of the judgment, on the judgment roll albne, now is, that the judgment is not supported by the findings, the argument appearing to be that it was held on the last appeal, which is the law of t,h.e case, that there.-was no valid contract existing between. one Johndrew, the contractor, and the flume company, until! the contract was filed for record on the 6th of June, 1887, and that, as a consequence, there was no lien in favor of the material-man against the structure, which had been accepted by the flume company from the contractor, for materials furnished before the filing of the contract, although the materials were used in the…