Martin v. Della

THE COURT.

Defendant prosecutes this appeal from a judgment foreclosing a mechanic’s lien, upon the ground that there is a fatal variance between the claim of lien and the proof. The verified claim, duly filed with the recorder of Tulare County, is attached to and made a part of the complaint. It states, in part, that the plaintiff had agreed to erect two barns for the defendant, “the material to be furnished by the owner, for the agreed construction price of two hundred ($200.00) dollars each, or the total sum of four hundred ($400.00) dollars, such cement work as was necessary for the…