Wooldredge

San Diego Lumber Co. v. Wooldredge

Good Law
1891 Cal. LEXIS 970·90 Cal. 574·27 P. 431
Supreme Court of CaliforniaAugust 31, 1891No. 14188California1,141 words

Opinion

Lead Opinion

Temple, J.

— This action is to forclose a lien for materials furnished defendant Smith, as contractor, for building a house for defendant Wooldredge. The other defendants were lienors.

*577 Williams & Whitmore were the only lien claimants who answered.

The contract price for the building was $1,945, all of which had been paid except $505. Plaintiffs demand was for $748.86.

Williams & Whitmore recovered judgment for $145.50, and $50 as an attorney’s fee.

On the trial, various objections were made to plaintiff’s notice of lien, all of which, however, are only modifications of the general one, “ that it contains no sufficient statement of the terms, time given, and conditions of the contract” under which the materials were furnished. The objection was sustained, and subsequently a non-suit was granted as to defendant Wooldredge. Exceptions were duly taken, and the case comes here on an appeal from the judgment and an order refusing a new trial.

The material portion of the notice of lien is as follows: “ The said San Diego Lumber Company agrees to furnish said lumber and building material to said Smith to be used in the construction of said building upon said real property, and deliver the…

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