Schindler

Schindler v. Green

Good Law
149 Cal. 752·1906 Cal. LEXIS 303·87 P. 626
Supreme Court of CaliforniaOctober 1, 1906Sac. No. 1260.California2,102 words

Opinion

Lead Opinion

Lorigan, J.

This action is brought by an original contractor against defendants as owners of a lot in the city of Sacramento, to foreclose a mechanics’ lien. A written contract was made by plaintiff with Annie and Maggie Green, daughters of defendants in the action, who lived on the premises with their parents, said defendants, to do the carpenter-work in making alterations and adding two rooms to the house in which defendants lived. The plastering of the rooms was to be done by another person, under a separate contract, with which plaintiff had nothing to do. There were no regular plans or specifications as to where the doors or windows in the rooms should be placed, the contract providing generally that there should be not to exceed six doors and not to exceed ten windows, and that the new addition should be built uniformly. The contract price was $403.50 for all materials and carpenter-work, of which plaintiff was paid one hundred dollars during the progress of the work.

Defendants refusing payment after the plaintiff claimed his contract was completed, the latter filed a lien on the premises, and in due time brought this action to foreclose it in the amount of $326.50; the twenty-three…

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