Loughery

United Materials Co. v. Loughery

Good Law
1913 Cal. App. LEXIS 71·22 Cal. App. 1·133 P. 18
Court of Appeal of CaliforniaApril 26, 1913Civ. No. 1063.California2,307 words

Opinion

Lead Opinion

Chipman, J.

Action to enforce a materialman’s lien upon the buildings and land of defendant Wilder and for a deficiency judgment against the defendant Standberry.

It is alleged in the complaint that defendant Wilder is the owner of the premises described therein; that, on October 3, 1908, defendant Loughery entered into a contract with said Wilder to erect on said real estate two one-story cottages for which said Wilder agreed to pay said Loughery the sum of four thousand two hundred and fifty dollars; that said Loughery entered into a contract with defendant Standberry to furnish all the material and labor for plastering and brick work on said buildings and agreed to pay said Standberry therefor the sum of one hundred and twenty dollars and said Standberry agreed to furnish all said materials and do all the brick work and plastering on said buildings; that said contractors and each of them, pursuant to said contracts, erected said buildings and the same were completed on March 5, 1909, at which time said Wilder was owing said contractors $1,062.50; that, in the month of November, 1908, “plaintiff sold and delivered to said Standberry to be used in the erection of said buildings the…

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