Harlan

Harlan v. Stufflebeem

Good Law
1891 Cal. LEXIS 1013·87 Cal. 508·25 P. 686
Supreme Court of CaliforniaJanuary 21, 1891No. 14063California1,075 words

Opinion

Lead Opinion

Harrison, J.

Action for the foreclosure of a mechanic’s lien.

The plaintiffs contracted with the defendant StufHebeem, who was the lessee of certain lands owned by the defendants Bashore, to do the work of painting, varnishing, and graining upon some buildings which Stufiiebeem was constructing for himself upon said lands, upon the completion of which they were to receive $145.

* The main issue presented in the case was, whether the plaintiffs had completed the work according to their contract.

*511 The court found that the plaintiffs had substantially complied with all the terms of said contract, and completed said work on or about the tenth' day of April, 1890, but that some small places in the houses were not properly grained and finished, and that the cost of properly finishing such places would be not more than five dollars, and thereupon gave judgment for the plaintiffs for the amount of the contract price after deducting said sum of five dollars.

1. It is contended by the appellants that the findings are contradictory, and do not support the judgment.

Neither of these propositions can be maintained.

The finding that the plaintiffs substantially complied with all the terms of their…

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