Frisch v. Ammon

The statement made by the lienholder in question contained the remark, under the title “Material”, “All material taken out of stock”. The record affirmatively shows, in the cross-examination of the lienholder that material was used upon the job not taken out of stock, furnished by supply houses.

The pertinent portion of 8312 GC, is as follows:

“The original contractor shall x x make out and give to the owner x x x a statement under oath, showing the name of every laborer in his employ who has not been paid in full and also showing the name of every subcontractor in his employ, and of every…