Higgins

After trial before the court without a jury, in an action to foreclose a mechanic’s lien, plaintiff appeals from that portion of the judgment which was in favor of defendant Deep Well Colony Estates, Incorporated (hereinafter referred to as “Deep Well Colony Estates’’).

Defendant Higgins was engaged as a general contractor in Palm Springs, California. For several years, as a contractor he had purchased, on an “open book account,” lumber from plaintiff lumber company for use on various jobs. From time to time he made payments on this “open book account,” and plaintiff had never filed a mechanic’s lien for a deficiency in payment upon completion of any of his jobs.

In November 1955 Higgins contracted with defendant Deep Well Colony Estates to construct a house for in excess of *93 $56,265 on property owned by Deep Well Colony Estates called the “Dart” property.

In performance of this contract, between November 23,1955, and May 25, 1956, Higgins purchased lumber from plaintiff for use in the construction of the house, at an agreed reasonable value of $7,196.19.

On February 27, 1956, from funds paid by Deep Well Colony Estates, Higgins paid plaintiff $1,975.66, leaving a balance…