Petersen

Petersen v. Shain

Good Law
1893 Cal. LEXIS 1033·4 Cal. Unrep. 122·33 P. 1086
Supreme Court of CaliforniaAugust 16, 1893No. 14,613California1,148 words

Opinion

Lead Opinion

Vanclief, J.

Action to recover money judgments, and to enforce mechanics’ liens for labor done and materials furnished in constructing a brick building known as the “Drexler Building.” The two actions were consolidated and tried together. Drexler was the owner of the building, Shain the original contractor, Petersen a subcontractor directly under Shain, and Mooser a subcontractor under Petersen. In the first action, Petersen seeks to recover a personal judgment against Shain for a balance of $561.70, alleged to be due the former on his subcontract with the latter, and also to enforce a lien therefor upon the building against the owner. In the second action, Mooser seeks to recover from Petersen the sum of $959.75, alleged to be due him on his subcontract with the latter, for materials furnished, and to enforce a lien therefor upon the same building. The defendants in the first action, Shain and Drexler, denied any indebtedness of the defendant Shain to the plaintiff, Petersen, and alleged full payment by Shain of all sums due Petersen on his subcontract, before Petersen filed his claim of lien. The court found the denial of Shain’s indebtedness to Petersen, and the averment that such…

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