Macomber

This action was brought by the assignee of Belyea and Bogers for services performed and materials furnished by plaintiff’s assignors for defendant under a building contract, which was void for failure to comply with the requirements of section 1183 of the Code of Civil Procedure as to recording before work commenced, et cetera. The defendant answered, the case was tried before the court without a jury, and the plaintiff had judgment for the reasonable value of the services performed and the materials furnished, together with interest thereon from the date that the same were so performed and furnished. The defendant moved for a new trial on the grounds, among others, that the court erred in not continuing, staying, and abating this action and the trial thereof until certain other actions, which had been begun against defendant by subcontractors to enforce their liens against the property which was the subject of the void contract, could be tried and determined. Another ground of the motion for a new trial was that the claim sued upon, being an unliquidated demand, no interest could be recovered with it. I think the new trial was properly granted on these grounds.

There was no…