Santa Clara Valley Mill & Lumber Co. v. Williams

The defendants Joseph and Mary Williams, who are husband and wife, employed the defendants Fuller and Lashbrook to build a dwelling-house, for a price exceeding $1,000, under a written agreement executed before the work was commenced, but the contract was never filed for record in the recorder’s office of the county in which the house was to be built. The plaintiff furnished the lumber to be used and which was used in the construction of the house to Fuller and Lashbrook under a contract with them alone. After the house was completed, viz., on April 16, 1889, the plaintiff filed in the office of the county recorder its claim and notice of lien upon the house, to secure an unpaid balance of $2,201.64, due for the lumber furnished to Fuller and Lash-brook. The object of this action is to recover a personal *702 judgment against all the defendants for the amount due plaintiff for lumber, and also to enforce the alleged lien. The court found as a fact that plaintiff’s claim and notice of lien had not been filed for record within thirty days after the house was completed, and thereupon denied plaintiff any relief against the defendants Joseph and Mary Williams, and gave judgment in…