Reed
Reed v. Norton
Opinion
lead Opinion
McFarland, J.
This is a consolidation of eight actions to foreclose liens under the mechanic’s lien law against defendant, Thomas Norton, the owner of the building in question, and Thomas Helm, original contractor. Judgment went for all the plaintiffs except Knight, and Norton appeals from the judgment and from an order denying his motion for a new trial. The case was here on a former appeal. (Reed v. Norton, 90 *618 Cal. 590 .) At that time the trial court had held that the written contract between Norton and Helm was void for want of proper recordation, etc., and had given judgment for plaintiffs tor the full amount of their claims, which amount exceeded twenty-five per cent of the contract price. On that appeal this court held that errors had been committed with respect to two of the liens (those of Smith and Waite, and Knight); but it also held that the court below erred in finding that the written contract between Norton and Helm was void, and for these reasons the judgment was reversed. In the opinion it was said that Norton did not retain for thirty-five days twenty-five per cent of the contract price, and that “he is responsible to that extent, but no further, to those who malte good…