Meigs

Meigs v. Bruntsch

Good Law
54 Cal. 601
Supreme Court of CaliforniaJuly 1, 1880No. 6,352California345 words

Opinion

lead Opinion

Departmentmyrick, J.

This is an action to enforce liens in favor of plaintiffs for ma *602 terials furnished by them, in and about the construction of a house by defendant Boettger for defendent Bruntsch under a contract. The total amount of the liens claimed is $457.95, and " plaintiffs also ask judgment for $200 attorney’s fees, and $52 expenses of the liens. Plaintiffs had judgment for $29.95, without costs or attorney’s fees; plaintiffs moved for a new trial, which was denied, and they appealed.

After examining the transcript, we find that the contract price for erecting the building was $1,515; that $1,000 was paid as the Avork progressed; that the last payment, $515, was not made, because Bruntsch claimed that the building Avas not completed “in a good, workmanlike, and substantial manner,” as the contract required it should have been; that the $29.95, for Avhich judgment Avas rendered, Avas for extra Avork; that the substantial question submitted to the Court below, Avas whether the contract had been complied with on the part of Boettger, upon which the evidence vras conflicting; that the Court found “ Boettger never did construct or finish said building in a good and workmanlike or…

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