Gordon Hardware Co. v. San Francisco & San Rafael Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of Marin County, and from an order denying a new trial. The action was brought to enforce a lien for materials furnished to original contractors, under a contract to construct a portion of defendants’ railroad. Judgment was rendered for the defendants.
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Appeal from a judgment of the Superior Court of Marin County, and from an order denying a new trial. The action was brought to enforce a lien for materials furnished to original contractors, under a contract to construct a portion of defendants’ railroad. Judgment was rendered for the defendants. The judgment was affirmed in Department One on the 4th of October, 1889. Upon a first hearing in Bank, the judgment was again affirmed, on the 3d of May, 1890. The evidence in this case is in the main the same as in Harmon v. San Francisco and San Rafael R. R. Co., ante, p. 617, but differs somewhat…
1Opinion of the Court
The Court.
Upon further consideration of this case, we are satisfied that the conclusion we reached on the former hearing—viz., that the claim of lien was not filed within thirty days after the completion of the work— was based upon a misapprehension as to the evidence. The claim was filed June 18, 1884. While it is true the work done after May 17th was work not contemplated by the contract, it nevertheless appears that it was done under the direction of the chief engineer, and that the obligations of the contractor to the company were not *622extinguished until the débris which he had placed upon…
2Cases cited2 opinions
- Malone v. Big Flat Gravel Mining Co.California Supreme Court · 1888
- Barber v. ReynoldsCalifornia Supreme Court · 1872
3Cited by16 opinions
- General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
- Cincinnati, Richmond & Muncie Railroad v. SheraIndiana Court of Appeals · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. LoveSupreme Court of Arkansas · 1905
- Stimson Mill Co. v. Los Angles Traction Co.California Supreme Court · 1903
- Lembke Construction Co. v. JD Coggins CompanyNew Mexico Supreme Court · 1963
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