Wagner

This action was brought to enforce a mechanic’s lien. Plaintiff had judgment, and defendant M. Hansen appeals from the judgment and from an order refusing a new trial.

In his complaint plaintiff avers that he agreed with defendants “ to furnish, and did furnish, the labor at their special instance and request in completing the foundation of said premises, build the chimneys, laying wall-plates, laying out building, underpinning walls, building scaffolding, carrying brick, completing brick walls and brick foundation upon said dwelling-house, upon said lot of land, and for all which said work, labor, and materials said defendants agreed to pay said plaintiff the sum of $163.”

*106 It is again alleged that plaintiff agreed with defendants to perform the work and labor, and defendants “ agreed to pay plaintiff the sum of $163 in the gold coin of the United States, but that no time was specified for the payment other than that said defendants were to pay plaintiff when said work was completed.” In the notice of lien which is set out in the complaint plaintiff, to show compliance with section 1187 of the Code of Civil Procedure, states the terms, time given, and conditions of his…