Rockwell

Rockwell v. Light

Good Law
1907 Cal. App. LEXIS 101·6 Cal. App. 563·92 P. 649
Court of Appeal of CaliforniaOctober 4, 1907Civ. No. 368.California883 words

Opinion

Lead Opinion

Shaw, J.

Action to foreclose a mechanic’s lien. Judgment went for plaintiff, and defendants appeal from the judgment and an order denying their motion for a new trial.

The appeal from the judgment was, upon motion of the respondent, disposed of by an order of this court dismissing the same.

Appellants contend the notice of lien was not filed in time. The contract was for the material and labor required in painting four cottages situated on one lot in the city of Redlands, at the agreed price of $40 each, being a total of $160 for the entire work. The specifications for the work called for one coat on the exterior of each of said cottages, “except the trimmings, which were to have two coats of paint.” The last work done was on January 27, 1905, when a second coat of paint was placed upon the porch floors and steps of all the cottages. The claim of lien was filed on April 21, 1905, and if the paintings of these floors was within the terms of the contract, the lien was filed within the statutory time; otherwise, it was filed too late. The contention of appellants is that the term “trimmings” as used in the contract, and which under the terms of the contract were to receive two coats of…

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