Legal Opinion

Robison v. Mitchel

California Supreme Court

Decided March 20, 1911No. L.A. No. 2595PublishedCited by 15 opinions

The facts are stated in the opinion of the court. Gray, Baker, Bowen, Allen, Van Dyke & Jutten; for Appellant.

1Opinion of the CourtHenshaw, J.

This action was by a materialman to foreclose his lien upon the property of defendant Fawkes for material furnished in the construction of a frame dwelling. Judgment passed for plaintiff, awarding him a lien, and from that judgment and from the order denying his motion for a new trial the defendant Fawkes appeals.

The contractors for the construction of. the building were copartners doing business under the firm name of J. Burris Mitchel & Company. Their contract with appellant was in writing and valid. It contained the usual stipulation for partial payments, and provided that if at any time…

2Cases cited5 opinions

  1. Willamette Steam Mills Lumbering & Manufacturing Co. v. Los Angeles College Co.California Supreme Court · 1892
  2. Kerckhoff-Cuzner Mill & Lumber Co. v. OlmsteadCalifornia Supreme Court · 1890
  3. Johnson v. La GraveCalifornia Supreme Court · 1894
  4. Marble Lime Co. v. Lordsburg Hotel Co.California Supreme Court · 1892
  5. Baker v. Lake Land Canal & Irrigation Co.California Court of Appeal · 1908

3Cited by15 opinions

  1. W. F. Hayward Co. v. TransAmerica InsuranceCalifornia Court of Appeal · 1993
  2. Sunset Lumber Co. v. BachelderCalifornia Supreme Court · 1914
  3. Olson-Mahoney Lumber Co. v. Dunne Investment Co.California Court of Appeal · 1916
  4. C. Ganahl Lumber Co. v. ThompsonCalifornia Supreme Court · 1928
  5. Boise-Payette Lumber Co. v. LongwedelSupreme Court of Colorado · 1930

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