Cox v. Western Pacific Railroad
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. The facts not stated in the opinion are found in the report of the case on a former appeal, 4á Cal. 18.
1Opinion of the Court
By the Court:
Upon the former appeal, we held that the contract entered into between McLaughlin and Cox, Myers & Co. was an entire contract; that the contractor was only entitled to one lien, and for this purpose his claim must be filed within the time specified in the statute after completion of the work; and that the lien must be filed upon the whole work.
Upon the return of the case to the Court below, the complaint was amended by inserting therein an averment that the defendants prevented the completion of the contract; that McLaughlin completed the twenty miles of road upon which a lien is…
2Cited by13 opinions
- Farmers Loan & Trust Co. v. Canada & St. Louis Railway Co.Indiana Supreme Court · 1891
- Bowman v. WohlkeCalifornia Supreme Court · 1913
- Fairchild-Gilmore-Wilton Co. v. Southern Refining Co.California Supreme Court · 1910
- Cox v. McLaughlinCalifornia Supreme Court · 1883
- Big Boy D. Corp., Ltd. v. EtheridgeCalifornia Court of Appeal · 1941
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