Arata & Peters, Inc. v. Snow Mountain Water & Power Co.

Plaintiff sued to foreclose a mechanic’s lien for foodstuffs furnished the contractor under a private contract. A demurrer to the third amended complaint was sustained without leave to amend and a judgment of dismissal as to the Water Company followed. Plaintiff appeals upon a typewritten record.

The amended complaint alleges that the plaintiff furnished to the contractor certain articles of food con sisting of fruit, vegetables, onions, beans, and potatoes, all of which “were actually used and consumed in the construction work” on a dam which the contractor was building for the Water Company…