Pacific Rolling Mill Co. v. Telegraph Hill Co.

Belcher, C. C.

— This action was brought to foreclose a lien for materials furnished by plaintiff and used in the construction of defendant’s cable railroad. The complaint alleged that the materials were sold and delivered by plaintiff to defendant. The answer denied this, and alleged that the road was constructed by one Fazackerley, under a contract by which he, for an agreed price, was to and did perform all the labor and furnish all the materials necessary therefor at his own cost and expense. The findings and judgment were in favor of defendant; a new trial was asked for and granted, and…