Schwartz v. Knight
California Supreme Court
Appeal from a judgment of the Superior Court of San Luis Obispo County. The action was brought to foreclose the lien of a material-man for materials used in the construction of a building. On the 1st of October, 1883, the defendant Sarah Knight commenced the construction of a dwelling-house, of which she was the owner.
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Appeal from a judgment of the Superior Court of San Luis Obispo County. The action was brought to foreclose the lien of a material-man for materials used in the construction of a building. On the 1st of October, 1883, the defendant Sarah Knight commenced the construction of a dwelling-house, of which she was the owner. Between that date and January 1,1884, the plaintiffs sold and delivered to her building materials, to be used and which were actually used in the building, of the value of' $728.25, for which she promised to pay plaintiffs cash on the delivery thereof, but has never paid the…
1Opinion of the CourtMcKinstry, J.
The appeal is from the judgment by-the defendants, who insist it should be reversed because it appears from the findings that plaintiffs did not file' their notice of lien until one hundred days after they had furnished materials for the house. But the plaintiffs were not “ original ” contractors, within the meaning of section 1187 of the Code of Civil Procedure. (Sparks v. Butte County etc., 55 Cal. 392.) As they were not original contractors, the law required them to file their lien within thirty days after the completion of the buildings (Code Civ. Proc., sec. 1187), and the filing of a…
2Cases cited2 opinions
- Germania Building & Loan Ass'n v. WagnerCalifornia Supreme Court · 1882
- Sparks v. Butte County Gravel Mining Co.California Supreme Court · 1880
3Cited by19 opinions
- Willamette Steam Mills Lumbering & Manufacturing Co. v. Los Angeles College Co.California Supreme Court · 1892
- Pacific Mutual Life Insurance Co. v. FisherCalifornia Supreme Court · 1895
- Santa Monica Lumber & Mill Co. v. HegeCalifornia Supreme Court · 1897
- Kerckhoff-Cuzner Mill & Lumber Co. v. OlmsteadCalifornia Supreme Court · 1890
- California Portland Cement Co. v. Wentworth Hotel Co.California Court of Appeal · 1911
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