Gnekow

This action is brought to foreclose a mechanic’s lien taken by plaintiff upon a building of the defendant the Masonic Building Association, to secure a balance of $756 due on account of material furnished and labor performed upon a building described as the “New Masonic Building,” situate in Redding, county of Shasta, state of California. The other defendants, viz., Confer and Hanks, who were the original contractors for the construction of the building, made default. The defendant the Masonic Building Association had judgment, upon the ground that the lien of plaintiff was not filed within the time prescribed by the statute, viz., within thirty days after the completion of the building. Plaintiff appeals from the judgment and the cause is presented on the judgment-roll.

Appellant acquiesces in the judgment refusing to enforce his lien, but insists that upon the findings he was entitled to a personal judgment against the corporation defendant for $756, the amount of his claim. The findings show in substance as follows: (1) In the month of July,. 1891, the corporation defendant entered into a contract with Saul Confer and W. E. Hanks, by which the latter agreed for $25,000 to…