Section 3. Mechanic's lien on real property  


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  • A contractor, subcontractor,
      laborer,  materialman,  landscape  gardener,  nurseryman  or  person  or
      corporation  selling  fruit or ornamental trees, roses, shrubbery, vines
      and small fruits, who performs labor  or  furnishes  materials  for  the
      improvement  of  real property with the consent or at the request of the
      owner thereof, or of his agent, contractor  or  subcontractor,  and  any
      trust fund to which benefits and wage supplements are due or payable for
      the  benefit  of  such laborers, shall have a lien for the principal and
      interest, of the value, or the agreed price, of  such  labor,  including
      benefits  and  wage  supplements  due  or payable for the benefit of any
      laborer, or materials upon the real property improved or to be  improved
      and upon such improvement, from the time of filing a notice of such lien
      as  prescribed in this chapter. Where the contract for an improvement is
      made with a husband or wife and the property belongs  to  the  other  or
      both,  the  husband or wife contracting shall also be presumed to be the
      agent  of  the  other,  unless  such  other  having  knowledge  of   the
      improvement  shall,  within ten days after learning of the contract give
      the contractor written notice of his or her refusal to  consent  to  the
      improvement.  Within  the  meaning  of  the  provisions of this chapter,
      materials actually manufactured  for  but  not  delivered  to  the  real
      property, shall also be deemed to be materials furnished.