Docket No. L.A. 25444.

54 Cal.2d 91 (1960)

351 P.2d 795

4 Cal. Rptr. 523

E.K. WOOD LUMBER COMPANY (a Corporation), Appellant, v. ROBERT C. HIGGINS et al., Defendants; DEEP WELL COLONY ESTATES, INCORPORATED (a Corporation), Respondent.

Supreme Court of California. In Bank.

May 10, 1960.

Attorney(s) appearing for the Case

Brown & Brown, Howard B. Brown and Gerald S. Barton for Appellant.

Vincent C. Hickson, Holbrook, Tarr & O'Neill and Francis H. O'Neill for Respondent.


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...

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