Lucas

The judgment in favor of plaintiff established and decreed the foreclosure of a lien for materials used in the construction of a residence belonging to defendant Rea, and which ,was mortgaged to the said Bank of Ukiah.

1. The complaint states facts sufficient to constitute a cause of action. The eases cited to the contrary by appellants are not in point. For instance, in Nason v. John, 1 Cal. App. 540 , 82 Pac. 566 , it is stated: “The action is by a materialman against the owner (appellant) for the value of material furnished the contractor for the painting of the *365 house of appellant. There is in the complaint no attempt to allege that at the time of filing the notice of lien or of bringing the action there was anything owing from the owner to the contractor, nor is any attempt made in the complaint to allege any fact, such as a premature payment by the owner to the contractor, or the like, that under section 1184 of the Code of Civil Procedure might be claimed to give the materialman a lien against the property of the owner for the value of his material. ’ ’ It was rightly held in line with many authorities that the complaint failed to state a cause of action. Here,…