Pasqualetti

Pasqualetti v. Hilson

Good Law
1919 Cal. App. LEXIS 858·43 Cal. App. 718·185 P. 693
Court of Appeal of CaliforniaOctober 22, 1919Civ. No. 2967.California1,138 words

Opinion

Lead Opinion

Richards, J.

This is an appeal by plaintiff from a judgment in favor of the defendants in an action brought by plaintiff to foreclose a mechanic’s lien for labor and material alleged to have been supplied upon certain premises of which the defendant Abraham Hilson was the owner and Gee Wo Co. and Won Hink were lessees.

The labor was performed and the material supplied in pursuance of a written contract between plaintiff and the said lessees of the property. Upon the trial of the cause the court rendered its judgment in favor of the plaintiff as against said lessees, but adjudged that as against the defendant Abraham Hilson the plaintiff was entitled to take nothing, and judgment was accordingly rendered in Hilson’s favor.

The sole question presented on this appeal is as to whether the said defendant and respondent Hilson had given such notice of nonliability under the provisions of section 1192 of the Code of Civil Procedure as to be relieved of responsibility for the labor and materials furnished by the plaintiff upon his premises.

It appears from the findings of the court that the respondent Hilson posted notice of nonliability upon the premises in question, and also that he undertook to…

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