Legal Opinion

McDonald v. Backus

California Supreme Court

Decided July 1, 1873No. 3,502PublishedCited by 5 opinions

Appeal from the District Court of the Twentieth Judicial District, County of Santa Clara. The plaintiff recovered judgment in the Court below, and the defendants appealed. The other facts are stated- in the opinion.

1Opinion of the Court

By the Court:

This is an action to enforce a mechanic’s lien under the Act of March 30th, 1868, “ for securing liens of mechanics and others.” (Stats. 1867-8, p. 589.)

The defendant Backus was the person for whom the house was built, and he had contracted with the copartnership firm of E. Froment & Co., lumber dealers, to erect it, and was by his first contract to pay them about eight hundred and eighty-five dollars for its construction to a certain stage of completion. Afterwards additional work was contracted for, and the sum to be received by Froment & Co. was increased to one thousand and…

2Cited by5 opinions

  1. Malone v. Big Flat Gravel Mining Co.California Supreme Court · 1888
  2. Diamond Match Co. v. Sanitary Fruit Co.California Court of Appeal · 1925
  3. Hogan v. BiglerCalifornia Court of Appeal · 1908
  4. Fellows v. ErringtonSupreme Court of Iowa · 1919
  5. H. F. Cady Lumber Co. v. ConklingNebraska Supreme Court · 1904

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