Heston v. Martin
11 Cal. 41
Cal.
1858
Check Treatment
Baldwin, J., delivered the opinion of the Court

Field J., conccurring.

This appeal is without merit, and it is apparent that the only point seriously urged by the appellant—to wit: that an account is necessary, giving the items of work and materials in the statement of lien filed— cannot be maintained in case of a contract for a sum in gross.

Judgment affirmed, with ten per cent, damages.