Crary

Sibley Grading Etc. Co., Ltd. v. Crary

Good Law
1935 Cal. LEXIS 556·4 Cal. 2d 375·49 P.2d 823
Supreme Court of CaliforniaSeptember 27, 1935S. F. 15320California1,179 words

Opinion

Opinion

Curtis, J.

This is an appeal from a judgment in favor of defendants Frank Chapman, Katherine Chapman, his wife, and R. P. Watt, after the sustaining without leave to amend of a general demurrer interposed by said defendants to plaintiff’s second amended and supplemental complaint, which pleading we will hereafter refer to as the complaint. This action was brought to recover a personal judgment against the above-named defendants, and C. S. Crary, and the defendant Mercantile Building-Loan Association. Since the commencement thereof C. S. Crary has died and the action against the Mercantile Building-Loan Association has been dismissed. Neither the estate of C. S.. Crary nor the defendant Mercantile Building-Loan Association is concerned in this appeal. The action was brought to recover the price of certain labor and use of machinery and equipment furnished by plaintiff and to foreclose a lien under the mechanic lien laws of this state against certain real property described in said complaint as belonging to said defendants. The complaint alleges that said defendants were the owners of the real property upon which it is sought to impress said lien, and that plaintiff between June 18, 1930, and…

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