Butterworth

The plaintiff and several other parties commenced separate actions to foreclose mechanics’ liens on the same property, and all the actions were consolidated and tried together. The defendant Levy was the owner of the property; the defendant Meyers was a mortgagee thereof, and the defendant Dunning was the original contractor. Levy and Meyers answered, and Dunning suffered his default to be entered.

The case was tried and a decree entered foreclosing all the liens, from which and from an order denying a new trial Levy and Meyers appeal.

The contract was .to erect a two-story building on a lot in the city of San Francisco, and the contract price was more than one thousand dollars.

The contract was not filed in the recorder’s office, and the only question is whether the memorandum thereof, which was filed, was sufficient to meet the requirements of section 1183 of the Code of Civil Procedure.

.That section provides as follows: “All such contracts shall be in writing when the amount agreed to he paid thereunder exceeds one thousand dollars, and shall be subscribed by the parties thereto, and the said contract, *508 or a memorandum thereof, setting forth the names of all the…