Opinion
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco.
This was an action to enforce a mechanic's lien, for the construction of a house and materials furnished.
Plaintiff made a written contract with the defendant for the construction of a house. Defendant was to pay therefor a specified sum in instalments.
The case was tried by the Court, and judgment rendered for the defendants--the Court finding that, under the contract, there was nothing due. By a stipulation entered into, it was agreed to submit to the Court for its decision, the question, whether the amount of $ 2,080.75--this being the balance due under the contract--was a lien upon the premises. The Court rendered a decision establishing a lien to this amount, from which decision this appeal is taken.
COUNSEL:
Robert C. & Daniel Rogers, for Appellant.
Harmon & Labbatt, for Respondent.
JUDGES: Baldwin, J., delivered the opinion of the Court. Field, J., concurring.
OPINION
BALDWIN, Judge
This appeal is without merit, and it is apparent that the only point seriously urged by the appellant--to wit: that an account is necessary, giving the items of work and materials in the statement of lien filed--cannot be maintained in case of a contract for a sum in gross.
Judgment affirmed, with ten per cent. damages.