Brown
Brown v. J. E. French Co.
Opinion
Lead Opinion
In this action both a complaint and a cross-complaint were filed. Cross-defendant did not answer the cross-complaint. The judgment of the court was that plaintiff recover upon his complaint and that cross-complainant take nothing by virtue of his cross-complaint. The appeal is from “The judgment in favor of plaintiff and against defendant and from the whole of said judgment.” We have considered *1080 the appeal to be one from the judgment on the cross-eomplaint as well as that on the complaint.
The Judgment On The Complaint
Plaintiff was the registered owner of a certain Chrysler automobile. He left it for repairs at defendant’s repair shop. The automobile was repaired and defendant’s bill therefor was $734.69.
The defendant did not give to the legal owner of the automobile the notice referred to in section 3068, subdivision (b), of the Civil Code. That subsection of the code section reads in part as follows: "That portion of the lien in excess of two hundred dollars ($200), for any work or services rendered or performed at the request of any person other than the holder of the legal title, is invalid, unless prior to commencing any such work or service the person claiming the…