96 Cal. 441 | Cal. | 1892
— This is an action for the enforcement of a material-man’s lien. The court below rendered judgment for defendants; and the plaintiff appeals from the judgment upon the judgment roll, there being no bill of exceptions.
The court found that the amount of money for which appellant claims a lien had been fully paid and satisfied; and the main question in the case is about the application of certain payments.
The facts necessary to be stated, as they appear in the findings, are these: The respondent Cordano, being the
As there is no evidence before us, we must be governed entirely by the findings of the court. The business was done with and the payments made to a certain agent of Hanson, and the finding of the court on the point in question is as follows: “ That said agent, at the several times he received said three payments herein-before found from said MacBain, well knew that said moneys were paid by said Cordano on said contract to said MacBain, and that said MacBain intended said payments to be applied on account of said lumber and materials so furnished for said building, and that he, MacBain, believed that they were being so applied by said Charles Hanson and his said agent.” It appears, therefore, from the finding, that at the times when the payments were made, the debtor intended them to be applied upon the indebtedness incurred for the materials
This view of the case makes it unnecessary to notice the point that the lien was not filed in time, or any of the other points made by the respondents.
Judgment affirmed.
De Haven, J., and Sharpstein, J., concurred.
Hearing in Bank denied.