Wilson

This is an appeal from a judgment in favor of the plaintiff in an action to foreclose a mechanic’s lien, and from an order denying defendant’s motion for a new trial.

Defendant Samuels was the owner of a lot of land in San Francisco. He entered into a written contract with W. A. Van Dervort, the other defendant, by the terms of which the latter was to construct for him certain buildings upon said lot. The contract was duly filed with the recorder of the city and county.

Plaintiff Wilson furnished materials and labor to the contractor for and in the construction of the buildings, for which there was due him $1,200. For this amount he filed a mechanic’s lien against the buildings at the proper time and in due form

There was due the contractor from Samuels, on account of the contract, $6,312.

Twelve other liens were filed for amounts aggregating $8,875.69, on account of materials furnished. Also liens for labor aggregating $310.50. There were therefore liens filed exclusive of the labor liens, and including that of plaintiff, amounting to $10,075.69. The contractor Van Dervort seems to have been insolvent.

Before the liens were filed the creditors met and *516 endeavored to…