Morris

Appeal from a decree in favor of plaintiffs for $356.35 and costs, and for the foreclosure of a mechanic’s lien as security therefor.

The cause comes up on the judgment roll.

The lion of the plaintiffs is for labor and services as carpenters and builders, rendered to the defendant in the construction of a build'ng upon a lot of land owned by the latter in the city of Stockton, county of San Joaquin.

They were not entitled to a lien. They had entered into a written contract with defendant to furnish all the materials and construct the building for the sum of two thousand dollars, which contract was never filed, as required by section 1183 of the Code of Civil Procedure.

Under such circumstances the contract was void.

In such case, the labor done and materials furnished by all persons except the contractor shall be deemed to have been done and furnished at the personal instance of the owner, and they shall have a lien for the value thereof. (Code Civ. Proc., secs. 1183, 1884.)

The evident intent of the statute was to make it an object for both the contractor and owner to put in writing and record their building contracts, where the amount agreed to be paid is in excess of one…