Marchant

Marchant, the appellant, was a lien claimant and the assignee of other lien claimants. He sought by his action to foreclose a mechanic’s lien. By the decision of the court he was denied a lien and awarded only a personal judgment against the contractor, Hayes. He appeals from the judgment and presents for consideration the judgment roll alone. It must therefore be concluded that the findings which are within the issues were supported by evidence not before us.

By these findings it appears that defendant Chute obtained peimission from the Coast Development Company to erect a house upon its land. Hnder his license he entered into a contract with John Hayes for the construction of the building. The contract price was two thousand one hundred dollars. The contract was not recorded, and was therefore absolutely void. The contractor prosecuted his work until the fifth day of November, 1894, when work was entirely abandoned and the dwelling left in an incomplete and unfinished condition. The court finds that on the fifth day of November “said building was not completed or finished, nor was it completed or finished at the time the plaintiff and each of said persons who assigned their…