Asnon

Asnon v. Foley

Good Law
105 Cal. App. 624·1930 Cal. App. LEXIS 741·288 P. 792
Court of Appeal of CaliforniaMay 14, 1930Docket No. 5909.California2,519 words

Opinion

lead Opinion

Gates, J.

Plaintiff sued defendants on a mechanic’s lien to recover for labor and materials furnished. Defendants answered, denying many of the material allegations of the complaint. They also set up a number of affirmative defenses as well as a counterclaim. The findings of the court and its conclusions of law were in favor of plaintiff. Judgment was entered accordingly and from that judgment the defendants appeal.

It is unnecessary to give the facts as found by the trial court since no attack is made on the findings of the court or its conclusions of law. Nor is any question raised as to the sufficiency of the evidence to sustain the findings.

The ownership of the property sought to be charged with plaintiff’s claim of lien was admitted by the defendants E. Burr and Mary Burr.

Appellants contend that the trial court erred in overruling their demurrer to plaintiff’s complaint. In support of such contention they insist that nowhere in the complaint is it alleged that the lien referred to was ever recorded against the particular land sought to be charged (a copy of the lien was not set forth in the body of the complaint nor attached as an exhibit), nor does the complaint allege that the…

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