Bianchi

Action for the foreclosure of a mechanic’s lien upon the Parrott, building in San Francisco.

The court found that the notice of lien was not filed within thirty days after the completion of the building, and rendered ■judgment in favor of the plaintiff for the amount sued for, but without declaring the same a lien upon the property. The plaintiff contends that the findings are not sustained by the evidence, and appealed from the judgment within sixty days after its rendition, bringing the evidence here in a bill of exceptions. There was no original contractor with the owner for the construction, of the entire building, but the owner made contracts with different persons for constructing different portions of the building. In May and also in June, 1896, the owner entered into two contracts, each for a sum greater than one thousand dollars, with the San Francisco Furniture Company for the construction and completion of a portion of the basement of the building. Neither of said contracts or any memorandum thereof was filed with the county recorder. The plaintiff furnished to this corporation a portion of the material for the performance of these contracts, and the present action is…