Green

Green v. Clifford

Good Law
1892 Cal. LEXIS 633·94 Cal. 49·29 P. 331
Supreme Court of CaliforniaMarch 26, 1892No. 14276California1,242 words

Opinion

Lead Opinion

McFarland, J.

This is a consolidation of several actions brought to enforce liens of various mechanics and material-men against premises owned by defendant, Clifford. Judgment was rendered in favor of the plaintiffs, and defendant, Clifford, appeals from the judgment. There .was no motion for a new trial. There is no bill of exceptions; and all the points made by appellant arise upon the pleadings and findings. There were general demurrers to all of the complaints, and also demurrers on some special grounds. There is no contention that the amounts of the liens claimed were not correct and just. Most of the points made are highly technical, and we will not attempt to notice all of them in detail.

1. The appellant, Clifford, on December 3,1888, made -written contract with one Graham for the construction by the latter of a house on land owned by her for eighteen hundred dollars. This contract was recorded December 4, 1888; and immediately afterwards Graham commenced work on the house, and continued it until December 26, 1888, “when he abandoned the contract and fled the country.” He had given a bond to Mrs. Clifford for the faithful performance of the contract, and-on said bond one.Sylvester was…

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