Hawkins

Hawkins v. Morehead

Good Law
1893 Cal. LEXIS 1026·4 Cal. Unrep. 224·34 P. 223
Supreme Court of CaliforniaSeptember 13, 1893No. 18,129California471 words

Opinion

Lead Opinion

Belcher, J.

This is an action to recover the value of certain materials furnished by the plaintiffs to the defendant Stauffer, and by him used in the construction of a house for the defendant Morehead, upon a lot of land owned by her, and to enforce a lien therefor on the said house and lot. The court below found, among other things: “That the amount agreed to be paid said contractor, Stauffer, for the erection of said house, was less than one thousand dollars; that defendant Morehead had paid Stauffer in full when the said claim of lien was filed, and that there was nothing due or owing to said Stauffer at said date; that no written notice *225 of any kind was given said Morehead by plaintiffs that they had furnished material or labor, either or both, to said Stauffer for said building; that said building was completed and occupied by a tenant on the third day of October, 1891, and that more than thirty days had elapsed after the completion of said contract and building before plaintiffs filed for record with the county recorder their claim of lien.” And as conclusions of law the court found that plaintiffs were entitled to a judgment against Stauffer for the amount demanded, but were not…

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