Burr

Burr v. Peppers Cotton Lumber Co.

Good Law
1928 Cal. App. LEXIS 998·91 Cal. App. 268·266 P. 1025
Court of Appeal of CaliforniaApril 24, 1928Docket No. 3459.California3,000 words

Opinion

Lead Opinion

Bartlett, J.

This is an appeal from an order of the superior court of Siskiyou County, sustain ing demurrers of various defendants to plaintiff's complaint without leave to amend and from the judgments entered in favor of defendants.

The action was brought to foreclose a mechanic’s lien on a certain railroad and its right of way and improvements thereon in Siskiyou County, the facts upon which the action is based set forth in the complaint being substantially the following:

Defendant, Peppers Cotton Lumber Company, constructed a railroad, commonly known as the Peppers Cotton Lumber Company Railroad, about seven miles in length, leading from Macdoel to the mill of the lumber company, in Siskiyou County. Plaintiff was the contractor who built the railroad. His employment had its inception on October 5, 1920, in a letter specifying his duties and compensation for the grading of the roadbed, which letter was addressed to the railroad company and the terms of which were accepted by the company. Thereafter plaintiff was employed by the company to haul, place, and lay the ties and rails and build the bridges and culverts, and surface and ballast the railroad, and to act as purchasing agent in San…

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