Kern v. San Francisco Co.

Plaintiff, as assignee of Kern Bros., recovered judgment against appellant, subjecting the land of appellant to the lien of Kern Bros, as original contractors for the construction of a building for a lessee of appellant. The appeal is from this judgment, and was taken within thirty days after the rendition and entry thereof. The building was completed and accepted on the eleventh day of April, 1906.

Appellant, as a special defense, pleaded that on the eighteenth day of April, 1906, the said building was totally destroyed by fire and earthquake.

The claim of lien was filed by plaintiff’s…