William H. Birch & Co. v. Magic Transit Co.
California Supreme Court
The facts are stated in the opinion of the court. E. L. Campbell, J. S. Spilman, J. B. Feehan, and Alexander G. Eells, for Appellants. The owner had notice at the date of the lease of the intended construction of the improvements. (Santa Monica L. and M. Co. v. Hege, 119 Cal. 376; Evans v. Judson, 120 Cal. 282; Hines v. Miller, 122 Cal. 519.) Bradley & McKinstry, and Campbell, Metson & Campbell, for Respondents.
Read the full summary
The facts are stated in the opinion of the court. E. L. Campbell, J. S. Spilman, J. B. Feehan, and Alexander G. Eells, for Appellants. The owner had notice at the date of the lease of the intended construction of the improvements. (Santa Monica L. and M. Co. v. Hege, 119 Cal. 376; Evans v. Judson, 120 Cal. 282; Hines v. Miller, 122 Cal. 519.) Bradley & McKinstry, and Campbell, Metson & Campbell, for Respondents. The construction of the statute has not been passed upon in the cases cited for appellants. The owner should be allowed, in order to make the statute effective, and to prevent it from…
1Opinion of the Court
CHIPMAN, C.
The above-entitled action and certain four others were brought in the superior court of the city and county of San Francisco for the foreclosure of mechanics’ and materialmen’s liens on the land described in the complaint. The causes were consolidated and tried together. The pleadings in all of the cases are substantially alike, mutatis mutandis, and only the pleadings in the case above entitled are given in full. The late Adolph Sutro was the owner of the land, and on April 9, 1896, leased the premises to defendant John M. Weir, for the purpose of erecting thereon a scenic…
2Cases cited3 opinions
- Hines v. MillerCalifornia Supreme Court · 1898
- Evans v. JudsonCalifornia Supreme Court · 1898
- Fuquay v. StickneyCalifornia Supreme Court · 1871
3Cited by5 opinions
- R. D. Reeder Lathing Co. v. AllenCalifornia Supreme Court · 1967
- Pneucrete Corp. v. United States Fidelity & Guaranty Co.California Court of Appeal · 1935
- Rio Grande Lumber & Fuel Co. v. BuergoNew Mexico Supreme Court · 1937
- John R. Gentle & Co. v. BrittonCalifornia Supreme Court · 1910
- Hayward Lumber & Investment Co. v. RossCalifornia Court of Appeal · 1939