Simons

Simons v. Webster

Good Law
108 Cal. 16·1895 Cal. LEXIS 812·40 P. 1056
Supreme Court of CaliforniaJuly 6, 1895No. 19520California703 words

Opinion

Lead Opinion

McFarland, J.

Action to enforce a lien for brick, lime, and sand furnished by plaintiffs as subcontractors. The defendant Webster, who was the original owner of the building for which the materials were furnished, and defendant Haver, the original contractor, made default. The defendant Green, who was a subsequent mortgagee of Webster, and who now owns the premises in controversy through a foreclosure of his mortgage, answered; and, judgment having been rendered for plaintiffs, Green appeals from the judgment and from an order denying his motion for a new trial.

Appellant relies entirely upon the second, third, fifth, sixth, and seventh assignments of errors, and all these *18 assignments are simply specifications of “ the particulars in which the evidence is insufficient to justify the findings.”

In the briefs on both sides the case is very fully, closely, and skillfully argued; the evidence is carefully analyzed and its separate parts compared, contrasted, or harmonized in accordance with the different views and contentions of respective counsel. But, after a thorough consideration of the arguments presented by counsel and the evidence presented by the record, we are satisfied that the case…

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