Blethen v. Blake
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. The defendants Blake and Moffitt owned a lot in the City of Oakland, and the defendant Kyte contracted to erect a wooden building upon the lot for them, and to furnish all the material.
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Appeal from the District Court of the Third Judicial District, County of Alameda. The defendants Blake and Moffitt owned a lot in the City of Oakland, and the defendant Kyte contracted to erect a wooden building upon the lot for them, and to furnish all the material. The plaintiffs were engaged in the manufacture of sash, blinds, and other wood work for buildings, and at the request of Kyte they furnished materials and performed labor of the value of one thousand and thirty dollars and sixty-eight cents, for the building. Kyte paid them five hundred dollars, and failing to obtain payment of…
1Opinion of the Court
By the Court, Niles, J.:
The plaintiffs sued to enforce a lien upon the building of defendants for an amount due them for materials furnished for the building to Kyte, an original contractor. The contract between Kyte and the defendants was in writing, and is set forth in the transcript. It is averred in the complaint that the building was completed by Kyte, and accepted by the defendants, and that there was due from them to Kyte an amount more than sufficient to pay the plaintiff's’ demand. The defendants, by their answer, deny that the building was completed by Kyte in accordance with the…
2Cited by8 opinions
- Meyer v. BichowSupreme Court of Louisiana · 1913
- McDonald v. FiliceCalifornia Court of Appeal · 1967
- Valley Lumber Co. v. StruckCalifornia Supreme Court · 1905
- Gillespie Land & Irrigation Co. v. HamiltonArizona Supreme Court · 1934
- Culmer v. Hooper-CaineUtah Supreme Court · 1900
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