Cremer

Cremer v. Littlejohn

Good Law
1928 Cal. App. LEXIS 904·92 Cal. App. 521·268 P. 486
Court of Appeal of CaliforniaJune 13, 1928Docket No. 5140.California477 words

Opinion

lead Opinion

Conret, J.

From the record it appears that the real property against which the claim of lien is asserted formerly belonged to one Peter Wilson. Upon the death of Wilson his surviving wife, Frances M; Wilson (now Littlejohn), was appointed administratrix of the estate. While the estate was in course of administration the plaintiff and one Raymond Chow qntered into an agreement for the repair and alteration of a certain building on said premises. We assume, as intimated by counsel, that Chow was a tenant of the premises. On the completion of the repairs made under the contract between plaintiff and Chow, plaintiff filed his claim of lien, and also presented to the administratrix his claim as a creditor of the estate, which claim was rejected. Thereupon, he instituted this action in which, by his complaint, he alleged the foregoing facts, and alleged that during the times mentioned defendant Wilson, individually and as administratrix of said estate, was the owner of said land and building and had knowledge of such work, and that it inured to the benefit of such estate. It was stipulated that the allegations of the complaint are true; but the argument of counsel for appellant seems to admit, as…

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