Kelley

This action was brought by plaintiffs as copartners, to enforce a lien for materials furnished by *36 them to the contractors, Kirlan and Brady, for the repair of buildings owned by appellant Plover.

Plaintiffs had judgment, defendant’s motion for a new trial was denied, and this appeal is from the judgment and the order denying a new trial.

Kirlan and Brady, the contractors, and several fictitious persons, were named as defendants, but were not served and did not appear, and no disposition of the cause was made as to them.

No objection was made in the court below to proceeding with the trial of the cause, and by section 579 of the Code of Civil Procedure the court was authorized to render judgment against the appellant without determining the liability of the other defendants.

The claim or notice of lien, filed in the recorder’s office, contained the following: “The following is a statement of the terms, time given, and condition of said contract, to wit: 50 M. 1½ P. laths, $175.” (Stating each item of the claim.) “ Terms cash on completion of contract.”

Appellant contends that this statement does not comply with the statute, and cites Hooper v. Flood, 54 Cal. 219 . There…