Southern California Lumber Co. v. Schmitt

Foote, C.

This action was, according to the original complaint filed therein, initiated for the purpose of obtaining a judgment against one Gorey, a contractor, for the amount of a bill for materials furnished him by the plaintiff, and against Charles T. Schmitt,, to foreclose a mechanic’s lien on his building, which Gorey had contracted to build, and in the construction of which the materials bought by Gorey from the plaintiff had been used. Elizabeth T. Randall was also made a party to the suit as a mortgagee of Schmitt. Finding that the contract between Gorey and Schmitt was void because it…