Page v. Dawes
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. Howard & Wilber contracted with defendant, Dawes, to erect a building on a certain lot owned by him, in San Francisco county. Dawes agreed to pay to the contractors certain sums of money during the progress of the building, and at its completion to convey to them a certain other lot of land, described in the contract.
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Appeal from the Superior Court of the City of San Francisco. Howard & Wilber contracted with defendant, Dawes, to erect a building on a certain lot owned by him, in San Francisco county. Dawes agreed to pay to the contractors certain sums of money during the progress of the building, and at its completion to convey to them a certain other lot of land, described in the contract. Defendant Bitter, at the solicitation of the contractors, and to enable Dawes to comply with his contract for the conveyance of the lot, discharged a mortgage which he held against it, except as to ten thousand dollars…
1Opinion of the CourtTerry, J.
By our statute, the lien of mechanics may be recorded within sixty days after the completion of the building, and by relation, the lien attaches from the date of the commencement of the work. All persons who deal with the property during the progress of the work are charged with notice of the claim of the contractor.
But if, after informing himself of the nature and amount of the contractor’s claim, he tabes a conveyance of the property, subject to it, I know of no rule of law, and certainly no principle of equity, which enable the parties, by a subsequent contract, or by an alteration in the…
2Cited by4 opinions
- Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
- Welch v. Porter & Co.Supreme Court of Alabama · 1879
- Schrader Iron Works, Inc. v. LeeCalifornia Court of Appeal · 1972
- Haxtun Steam Heater Co. v. GordonNorth Dakota Supreme Court · 1891