O'Neil
San Francisco Lumber Co. v. O'Neil
Opinion
Lead Opinion
This is an action to enforce several mechanics’ and materialmen’s liens. The defendants, Edward and Mary E. O’Neil, were the owners of the property against which the liens are sought to he enforced, and entered into a written contract with the contractors, Cook & Wry, for the construction of the building involved in this action. The court below rendered judgment for plaintiffs foreclosing their liens for certain amounts *456 of money, the judgment being based upon the theory that the contract between the owners and Cook & Wry was a valid contract within the meaning of the mechanics’ lien law, and declined to give judgment for. any greater amount than was due from said defendants to said contractors under the contract. From this judgment, and from an order denying their motions for a new trial, the plaintiffs appeal.
The only question involved on this appeal is whether or not the written contract above referred to was filed in the county recorder’s office as required by section 1183 of the Code of Civil Procedure. The facts in relation to the filing of the said contract are as follows: The papers filed with the recorder consisted
of three documents: 1. The paper which contained…