Hickman

Hickman v. Freiermuth

Good Law
1913 Cal. App. LEXIS 263·21 Cal. App. 629·132 P. 772
Court of Appeal of CaliforniaApril 4, 1913Civ. No. 1059.California2,634 words

Opinion

Lead Opinion

Burnett, J.

The case represents the consolidation of several actions for the foreclosure of mechanics’ liens. The first count of the complaint may be taken as an example of the various grounds of action exhibited therein.

It is alleged that defendants, George H. Freiermuth, Louisa A. Otto, and Elizabeth M. Spaulding were the owners of the property, describing it; that defendant Philip Overman was the lessee of said owners and was in the actual possession of the premises; that, on or about the seventeenth day of August, 1906, thb plaintiffs entered into a contract with Overman whereby they agreed “to furnish all the lumber necessary for the remodeling, altering, repairing and reconstruction of the building situated upon the front and rear of” said premises; that said lumber was so furnished by plaintiffs and was used “in the raising, altering and remodeling of said building”; that the value thereof, according to the agreed rate, was the sum of $1,714.44, of which only $1,150.00 has been paid; that the work was completed on or about May 15, 1907; that the owners, on the said seventeenth day of August, 1906, had knowledge of the furnishing of said material and of the com struction of said work…

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