Hege

Action for the foreclosure of a mechanic’s lien. In May, 1894, the defendant Hege being the owner of a' lot of land in the town of Santa Monica, on which there was a dwelling-house, verbally leased the same to his codefendant, Naumann. Shortly after Naumann had entered into possession he obtained permission from Hege to construct certain additions to the building, and for that purpose purchased certain materials from the plaintiff which were used in their construction. August 11, 1894, the plaintiff filed with.the county recorder its claim of lien therefor upon the land and buildings, and afterward brought the present action for its enforcement. Naumann suffered default, and judgment was rendered against him for the amount *378 claimed by the plaintiff, declaring said amount to be a lien upon the land, and directing its sale. From this judgment Hege has appealed.

As the amount of the materials purchased from the plaintiff was less than $1,000 in value, the provisions of the code relating to a written contract and filing the same for record have no application. Haumann caused the improvements to be constructed for himself, and the plaintiff, not being an “original contractor”…