Welles

(after stating the facts as above). [1] The appellant Welles contends that he is entitled to priority by virtue of his notice to withhold, which was given under section 1184 of the Code of Civil Procedure. That section provides, in substance, that a subcontractor may at any time give to the reputed owner a written notice that he has performed labor or furnished material, or both, to the contractor, which notice shall contain-, among other things, the amount and value of that which has been furnished by the subcontractor, and that upon such notice being giv.en it shall be the duty of the person who contracted with the -contractor to withhold from the contractor “sufficient money due or that may become due to such contractor or other person to answer such claim and any lien that may be filed thereafter for reóord under this chapter, including counsel fees not exceeding $100 in each case, besides reasonable costs provided for in this chapter.” The remedy thus provided for is disconnected from and additional to the remedy by lien upon the structure, and it has been held that it should be regarded with favor by the courts (Bates v. Santa Barbara County, 90 Cal. 543 , 27 Pac. 438 ),…