Sweeney v. Meyer
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Erancisco and from an order denying a new trial. Ed. W. Belcher, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is a consolidated action for the foreclosure of certain liens of mechanics and materialmen.
Judgment passed for the plaintiffs, and the owners, Johanna and Antone Meyer, appeal from that judgment and from the order denying a new trial.
1. The contract specified the times during the progress of the work when the partial payments were to he made. The court found that the third and fourth of these payments were made prematurely and in advance of the terms of the contract, and prior to the time when due, and were, therefore, invalid as payments for the purpose of diminishing or…
2Cases cited1 opinion
- San Joaquin Lumber Co. v. WeltonCalifornia Supreme Court · 1896
3Cited by11 opinions
- French v. PowellCalifornia Supreme Court · 1902
- Hendrix v. Gold Ridge Mines, Inc.Idaho Supreme Court · 1936
- Diamond Match Co. v. SilbersteinCalifornia Supreme Court · 1913
- Grace Harbor Lumber Co. v. OrtmanMichigan Supreme Court · 1916
- Sanford v. BerginCalifornia Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.