Joseph Musto Sons-Keenan Co. v. Pacific States Corp.

In this action plaintiff sought a decree fore closing a mechanic’s lien for material furnished and labor performed under and pursuant to a contract made with defendant Pacific States Corporation as owner of a structure known and designated as the Merritt Building.

Judgment went for plaintiff, from which the defendant Pacific States Corporation appeals.

As appears from the contract attached to and made a part of the complaint and upon which the claim of lien is based, plaintiff, for the consideration therein specified, undertook and agreed to furnish the material, fabricate and install in accordance with the specifications therefor the marble work required in the construction of the building, including such extra material and work which the owner, as provided, might demand; and for all of which said defendant agreed to pay in part as the work progressed, and the balance, twenty-five per 'cent of the agreed price, at the expiration of thirty-five days after the final completion and acceptance of the work.

The work performed under the contract comprised various kinds, some of which was to be paid for upon a basis of cost of material and work of installation, plus a percentage;…