Kendall

Madera Flume & Trading Co. v. Kendall

Good Law
120 Cal. 182·1898 Cal. LEXIS 732·52 P. 304
Supreme Court of CaliforniaFebruary 24, 1898Sac. No. 15California677 words

Opinion

Lead Opinion

Harrison, J.

Action to foreclose a mechanic’s lien. The-appellant entered into a verbal contract with one Price for the ' construction of a building upon certain lands of which he was *183 the owner, at an agreed price of seventeen hundred dollars. The respondent furnished certain materials which were used in the construction of the building, and within thirty days after its completion filed with the county recorder its claim of lien therefor. The present action is brought for the foreclosure of this lien. Price was made a defendant with the appellant, but appears to have made no defense to the action, and the court rendered its judgment in favor of the plaintiff, directing a sale of the land in satisfaction of its claim, and that judgment be entered against the appellant for any deficiency in the proceeds of the sale. From this judgment and an order denying a new trial the defendant Kendall has appealed.

The notice of its claim filed by the plaintiff was insufficient to authorize an enforcement of the lien. Section 1187 of the Code of Civil Procedure declares that every person claiming a lien must file for record with the county recorder a claim containing a statement among other matters of…

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