Castagnino v. Balletta
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The instructions requested by defendant, and refused by the court, upon which error is assigned, were the following: — “1. The contract between the plaintiff and the defendants provides that before any payment is considered due, the plaintiff shall produce receipted bills for material and labor, or authorize the party of the first part to pay said bills for materials and labor, and at the last payment all bills for labor and materials were to be presented, and the…
1Opinion of the CourtThokntox, J.
This action was originally brought to foreclose a mechanic’s lien for $1,395.50 on a block of buildings in the city of San Francisco. The buildings were erected by plaintiff for defendants under a written contract, which provided that plaintiff should furnish all the materials, and do the work according to plans and specifications made by George Bordwell, architect, and receive therefor the sum of $9,800, payable in installments as the work progressed, the last payment to be made “when the houses shall be completed, each in all its parts, and accepted by the architect.” The $1,395.50…
2Cases cited7 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Loup v. California Southern RailroadCalifornia Supreme Court · 1883
- O'Connor v. DingleyCalifornia Supreme Court · 1864
- Barker v. StateIndiana Supreme Court · 1874
- Reynolds v. JourdanCalifornia Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Hartman Ranch Co. v. Associated Oil Co.California Supreme Court · 1937
- Frost v. WitterCalifornia Supreme Court · 1901
- Weitzenkorn v. LesserCalifornia Supreme Court · 1953
- Doolittle v. McConnellCalifornia Supreme Court · 1918
- Minor v. BaldridgeCalifornia Supreme Court · 1898
44 more not listed; retrieve them via the Exa API.