Worden v. Hammond
California Supreme Court
Appeal from the District Court, Fourth -Juclicial District, City and County of San Francisco. This was an action to enforce a mechanic’s lien under the Act of 1862 (Stats. 1862, p. 884) concerning the liens of rrfechanics and others, on a lot and buildings in the City and County of San Francisco.
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Appeal from the District Court, Fourth -Juclicial District, City and County of San Francisco. This was an action to enforce a mechanic’s lien under the Act of 1862 (Stats. 1862, p. 884) concerning the liens of rrfechanics and others, on a lot and buildings in the City and County of San Francisco. Defendant J. H. Hammond, with whom the building contract was entered into by the plaintiffs, was, at the date of the contract, and when the action was commenced, in possession of said lot under a contract entered into by him with defendant Treat for the purchase of the same. By this latter contract,…
1Opinion of the Court
By the Court, Rhodes, J.:
Ilammond entered into a contract with Worden and Tryon, by which the latter agreed to build upon the lot of the former a barn, “agreeable to the draft, plan, and explanation hereto annexed, marked ‘A;’ ” and Hammond agreed to pay for the same three hundred and twenty dollars in gold coin, “upon the completion of said barn, as per specifications.” Ho draft, plan, or specifications were attached to the contract, but an unsigned paper was produced by the plaintiffs, which they testified was the plan or specifications referred to in the contract. The point is taken by the…
2Cited by7 opinions
- Yancy v. MortonCalifornia Supreme Court · 1892
- West Coast Lumber Co. v. KnappCalifornia Supreme Court · 1898
- Howe v. SchmidtCalifornia Supreme Court · 1907
- People v. De CourseyCalifornia Supreme Court · 1882
- Donnelly v. AdamsCalifornia Supreme Court · 1899
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