Flick v. Hahn's Peak & Elk River Canal & Placer Mining Co.

Plaintiff Flick seeks by this suit to foreclose a mechanic’s lien claimed on account of work and labor done by him for the repairing, enlargement and completion of certain ditches owned by the defendant company, and used by it for the *487conveyance of water in the conduct of placer mining operations in which it was engaged. The principal ground of dispute arises from the construction of the contract for the work, which was in writing, and the material portions of which we quote.

“ This agreement made and entered into, * * * witnesseth:

“ That whereas the said party of the first part is the owner…