Cohn

L. W. Blinn Lumber Co. v. Cohn

Good Law
1917 Cal. App. LEXIS 298·33 Cal. App. 386·165 P. 444·165 P.2d 444
Court of Appeal of CaliforniaApril 5, 1917Civ. No. 2214.California1,288 words

Opinion

Lead Opinion

Conrey, J.

On December 5, 1910; the defendant Alice B. Cohn, as owner, and defendant John Rebman, as contractor, signed a document purporting to be a contract for the construction of an apartment building and garage on land of Mrs. Cohn in the city of Los Angeles. The writing provided that the whole of the work to be performed thereunder should be completed by the first day of April, 1911. This was not done, and on the twelfth day of September, 1911, the buildings were not yet completely constructed. The owner took possession and proceeded to complete them, and they were fully and actually completed on the thirtieth day of October, 1911. Pursuant to a contract made with Rebman, the plaintiff furnished lumber to be used and which was used in the construction of those buildings, and on account thereof there became due to the plaintiff the sum of $9,180.61, balance unpaid of the value of the materials thus furnished. The court granted judgment against Rebman for that sum, with interest thereon at seven per cent per annum from October 3, 1911, together with $1.90 for cost of verifying and recording its claim of lien, and its costs of suit herein. Plaintiff’s claim of lien enforceable against the…

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