Legal Opinion

Hubbard v. Lee

California Court of Appeal

Decided October 11, 1907No. Civ. No. 358PublishedCited by 8 opinions

APPEAL from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. A. L. Rhodes, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtCooper, P. J.

Action to foreclose lien for materials.

Findings were filed, upon which judgment was entered for defendant Lee as to the lien claimed on his land. This appeal is from the judgment, and an order denying the plaintiff’s motion for a new trial. It appears that in April, 1905, defendants Hastings, copartners, herein called the contractors, entered into a written contract with defendant Lee, the owner of the lots, by the terms of which they agreed to furnish materials and labor and build for Lee three houses for the sum of $6,700. This contract was never filed for record in the office of the county…

2Cases cited11 opinions

  1. Davis v. DavisCalifornia Supreme Court · 1864
  2. Donnelly v. San Francisco Bridge Co.California Supreme Court · 1897
  3. McClain v. HuttonCalifornia Supreme Court · 1900
  4. Flinn v. FerryCalifornia Supreme Court · 1900
  5. McMenomy v. WhiteCalifornia Supreme Court · 1896

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3Cited by8 opinions

  1. Peccole v. Luce & Goodfellow, Inc.Nevada Supreme Court · 1949
  2. Peterson v. FreiermuthCalifornia Court of Appeal · 1911
  3. Doherty v. CarruthersCalifornia Court of Appeal · 1959
  4. Hubbard v. LeeCalifornia Court of Appeal · 1909
  5. C. Ganahl Lumber Co. v. ThompsonCalifornia Supreme Court · 1928

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