The premises were subject to the liens, under the fourth section of the Act of March, 1868, (Statutes, 1867-8, p. 589,) which provides that, unless the owner of the land upon which any building or improvement is constructed shall, within three days after he shall have obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for the same, by posting a notice in writing in some conspicuous place upon said land or upon the building or other improvement situated thereon. J. P. Jackson had knowledge of the repairs and alteration of the building, October 13, 1872. The last work was performed upon the building October 30, 1872. Jackson failed to post any notice upon the premises, that he would not be responsible for the alteration and repairs. If he wished to escape the liability resulting from section four, it was his duty to post a written notice on the premises, as soon as it came to his knowledge that repairs were being made or had been made thereon. (Fuguay v. Stickney , 41 Cal. 583.)
JUDGES: McKinstry, J. Neither Mr. Justice Rhodes nor Mr. Justice Niles expressed an opinion.
OPINION
McKINSTRY, Judge
The findings show that defendant Moulton entered into possession of the premises with the consent of defendant Jackson, and that the repairs upon the house were authorized by Jackson. The fact that Jackson expected, and Moulton agreed, that the repairs should be paid for by the latter, and that he would purchase the property, did not change the relation of these persons as to third parties. Jackson received the benefit of the repairs, which he authorized Moulton to have made; and as to the material men and laborers, the latter was the agent of the former, and the estate of the former should be bound by the lien, independent of the peculiar language of the statute.
Judgment and order affirmed.