Greig

This action was brought to enforce certain mechanics’ liens against property on Bush Street, San Francisco, known as the French Church, taken in favor of the San Francisco Lumber Company, a corporation, C. Williams and F. C. Norman, respectively, and by them assigned to plaintiff.

*317 Nine other lienholders on the same property instituted actions to foreclose, whereupon the actions were consolidated, a trial had, and a decree entered forclosiug all the liens except that of C. Williams, held by the plaintiff Greig, which was rejected.

The appeal is from the final decree and from an order denying a motion for a new trial.

The original contractor for the improvement in which all the liens had their inception was one Joseph Binet, who on the 31st of May, 1888, entered into a contract in writing with the Bev. Father Benaudier (acting by authority of His Grace, the Archbishop, P. W. Biordan, etc.), whom we will designate as the owner, and Binet as the contractor.

The contractor agreed within one hundred working days from date to furnish the necessary labor, material, tools, implements, and appliances, and to erect and complete in a woilcmanlike manner the alterations and additions…