Renton v. Conley
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The complaint alleged that the plaintiffs were lumber dealers, and that the defendant, Michael Murray, was a contractor, and that, about November 20, 1870, said Murray contracted with defendant Conley to construct for him a two-story dwelling house, and built the same under the contract, and that the plaintiffs, at Murray’s request, November 24, 1876, sold to Conley, at the request…
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The complaint alleged that the plaintiffs were lumber dealers, and that the defendant, Michael Murray, was a contractor, and that, about November 20, 1870, said Murray contracted with defendant Conley to construct for him a two-story dwelling house, and built the same under the contract, and that the plaintiffs, at Murray’s request, November 24, 1876, sold to Conley, at the request of Murray, his agent, lumber which was used in the building, and that Murray still owed them $568 42 for the same. That…
1Opinion of the Court
By the Court, Crockett, J.:
The action is to enforce the lien of material men, under the Act of March 30, 1868. (Statutes 1867-8, p. 589.) A demurrer to the complaint was sustained, and the plaintiffs, declining to amend, a judgment was entered for the defendant, from which the plaintiffs appealed. .
As we construe the complaint, it avers the contract under which the lumber was furnished to have been made between the plaintiffs on the one side, and Murray, the contractor, on the other side; the latter being alleged to be the agent of the defendant. An express agency is not averred in terms, and…
2Cited by16 opinions
- People v. GreenCalifornia Supreme Court · 1956
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Kellogg v. HowesCalifornia Supreme Court · 1889
- Dingley v. GreeneCalifornia Supreme Court · 1880
- People v. FrenchCalifornia Supreme Court · 1886
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