Quale v. Moon
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco: Action to enforce a lien on a lot and building in San Francisco. The plaintiff averred in his complaint, that the defendant, Moon, owned the lot, and, about the 22d of July, 1869, entered into a contract in writing with the defendant, Clark, by which Clark, in consideration of certain money to be paid him by Moon, agreed to erect for Moon a building on the lot.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco: Action to enforce a lien on a lot and building in San Francisco. The plaintiff averred in his complaint, that the defendant, Moon, owned the lot, and, about the 22d of July, 1869, entered into a contract in writing with the defendant, Clark, by which Clark, in consideration of certain money to be paid him by Moon, agreed to erect for Moon a building on the lot. That Clark, about the 5th of August, 1889, commenced to erect the building, and on the 7th of October, 1869, made an agreement in writing with…
1Opinion of the Court
By the Court, McKinstry, J.:
The demurrer to the answer oí defendant Moon to plaintiff’s amended complaint was properly sustained. The lien of the plaintiff did not depend óh and was not suspended until the completion of the building.
The answer does not aver that the builder, having neglected “to supply a sufficiency of materials,’’was notified by the defendant to proceed with the works within three days, or that he (the defendant) would complete the house himself. Nor does it aver that the sum-paid by the defendant to the builder, before the abandonment by him of his work and contract, was…
2Cited by6 opinions
- Griffith v. MaxwellWashington Supreme Court · 1898
- Pyramid Land & Stock Co. v. PierceNevada Supreme Court · 1908
- Walsh v. McMenomyCalifornia Supreme Court · 1887
- State v. GregorySupreme Court of Missouri · 1902
- In Re Great Western Petroleum CorporationDistrict Court, S.D. California · 1936
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