Marchant

In this action, brought by the plaintiff Marchant for the foreclosure of a mechanic’s lien upon a certain building in Tuolumne county, a cross-complaint was filed by the defendant Hayes against his codefendant Chute, in which he claimed a lien upon the same property for labor done and materials furnished by him in the construction of the building. The court found that on June 18, 1894, Hayes entered into a contract in writing with Chute for the construction of the building for the sum of two thousand one hundred dollars, and agreed to complete the same according to certain plans and specifications, and have it ready for occupancy on or before August 1st; that Hayes thereupon commenced the construction of the building, and that work was performed thereon under his direction until October 28th, when he abandoned work thereon; that some of the men emploj'ed by him continued to work thereon until November 5th, when they, too, ceased to work, and at that time, and also at the commencement of this action, the building was unfinished and incomplete in various material and substantial particulars. The court also found that during this time *671 Hayes performed labor as superintendent upon…