Palmer v. White
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County. The action was brought by a contractor for the erection of a building against the owner to recover damages, for not being allowed to complete the building. The contract was made on the 6th of November, 1885. The court sustained a demurrer to the complaint. The plaintiff declining to amend, judgment was rendered in favor of the defendant. The further facts are stated in the opinion of the court.
1Opinion of the CourtMyrick, J.
Plaintiff and defendant entered into a contract in writing for the construction by plaintiff for defendant of a building. It is not averred in the complaint in this action that the contract was filed for record as required by section 1183 of the Code of Civil Procedure as amended in 1885. This action is not brought to enforce a lien under chapter 2, title 4, of the Code of Civil Procedure, but is brought to recover damages for the *221non-performance of the contract on the part of the defendant. A general demurrer to the complaint was sustained, and judgment went for defendant. We gather from the…
2Cited by2 opinions
- Rebman v. San Gabriel Valley Land & Water Co.California Supreme Court · 1892
- Dodd v. MaddoxCalifornia Court of Appeal · 1925