Slight

Slight v. Patton

Good Law
1892 Cal. LEXIS 961·96 Cal. 384·31 P. 248
Supreme Court of CaliforniaOctober 21, 1892No. 14909California445 words

Opinion

Lead Opinion

Vancliee, J.

— Action to enforce a mechanic’s lien. A general demurrer to the complaint was sustained, and *385 plaintiff having declined to amend his complaint, judgment was rendered in favor of defendants. The plaintiff brings this appeal from the judgment on the judgment roll, and contends that the court erred in sustaining the, demurrer to his complaint.

The complaint shows that plaintiff was a subcontractor with Thompson and Gamble, who were the original contractors with the defendant Patton, to build and< paint for the latter, on his land, a house and barn and< certain other structures, and to furnish all the materials-therefor, for the gross sum of $5,775, payable on the* completion and acceptance of said buildings and structures, or within ten days thereafter; that no part of this original contract price was made payable thirty-five days-after the completion of the contract; that the work was commenced by the original contractors on or about the twentieth day of July, 1889, and completed November 20, 1889; and that neither said original contract nor any note or memorandum thereof was ever filed in the office' of the county recorder in the county in which said structures were to be…

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