E. K. Wood Lumber Co. v. Higgins

After trial before the court without a jury, in an action to foreclose a mechanic’s lien, plaintiff appeals from that portion of the judgment which was in favor of defendant Deep Well Colony Estates, Incorporated (hereinafter referred to as “Deep Well Colony Estates’’).

Defendant Higgins was engaged as a general contractor in Palm Springs, California. For several years, as a contractor he had purchased, on an “open book account,” lumber from plaintiff lumber company for use on various jobs. From time to time he made payments on this “open book account,” and plaintiff had never filed a…