Street
Malott & Peterson v. Street
Opinion
Lead Opinion
Rudkin, J.
Section 1183 of the Code of Civil Procedure of California provides that mechanics, materialmen, contractors, subcontractors, and others, per-' forming labor upon or furnishing materials to be used in the constuction, alteration, ad-r dition to, or repair, either in whole or in part, of any building, or other structure therein enumerated, shall have a lien upon the property upon which they have bestowed labor or furnished materials for the value of such labor done and materials furnished, whether at the instance of the owner or of any other person acting by his authority or under him as contractor or otherwise.
Section 1184 provides that any of the persons mentioned in the preceding section, except the contractor and all persons, firms, and corporations, excluding the contractor, *771 performing work or furnishing materials, or both, upon any public improvement, including highways, streets, wagon roads, viaducts, or sewers, may at any time, prior to the expiration of the period within which claims of lien must be filed for record, give to the owner a notice that they have performed lab- or,- or furnished materials, or both, to the contractor or other person acting by the authority…