Tolhurst

In September, 1891, John A. McCarty entered into a written contract with Shelley H. Tolhurst, appellant, to furnish the materials and construct for him on a lot in the city of Los Angeles a dwelling-house, with fences and other structures, for the sum of $2,275. The contract was duly recorded and by its terms twenty-five per cent of the *633 whole contract price was made payable thirty-five days after its final completion.

The De Camp Lumber Company, respondent, under contract with McCarty, furnished materials which were used in die construction of the building, of the value of $1,023.54, of which sum $532.14 was still due and unpaid at the time of the commencement and trial-of this action.

The Woodworth Commercial Company, respondent, under contract with McCarty, also furnished materials which were used in the construction of the building, of the value of §69.48, no part of which sum had been paid.

The building, fences, and other structures were completed on December 5,1891, and on January 2,1892, each of the respondent companies filed in the office of the county recorder of Los Angeles County its claim of lien for the materials furnished, in proper form and duly…