Norton

Norton v. Bedell Engineering Co.

Good Law
1928 Cal. App. LEXIS 277·88 Cal. App. 777·264 P. 311
Court of Appeal of CaliforniaFebruary 2, 1928Docket No. 3390.California2,279 words

Opinion

Lead Opinion

Thompson, J.

This is an appeal from a judgment in favor of respondents Frank G. Raickle and G. W. Dulany, Jr., substituted defendants, which was following an order sustaining their objection to the introduction of evidence on the part of appellants in of their claim' for a mechanic’s lien. The objection was sustained on the ground that the complaint failed to state facts sufficient to constitute a cause of action for the of a mechanic’s lien.

The complaint was originally filed against the Bedell Company and a number of fictitious defendants. The defendant corporation suffered default. Frank G. Raichle and G. "W. Dulany, Jr., were substituted at the trial as parties defendant, and filed separate answers specifically denying all the material allegations of the complaint. The complaint alleged that the “above named defendants . . . (were) owners of . . . lots 46, 47, 48 and 49, tract No. 4685, of Los Angeles”; that between December 13, 1922, and February 27, 1923, plaintiffs supplied defendants with labor arid materials pursuant to contract, of the value of $1,990, no part of which has been paid; that said work consisted of installing electric fixtures in defendants’ building on said premises.…

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