W. F. Whittier v. J. W. Wilbur
California Supreme Court
On the 23d of November, 1869, Rachel B. Vamcleve, who was the owner of a lot on Post street, in San Francisco, entered into a contract with George Coffran, Joseph Ñongues and J. W. Wilbur, by which they agreed to furnish the materials and erect for her, on the lot, a building, and she was to pay them the sum of thirteen thousand nine hundred dollars.
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On the 23d of November, 1869, Rachel B. Vamcleve, who was the owner of a lot on Post street, in San Francisco, entered into a contract with George Coffran, Joseph Ñongues and J. W. Wilbur, by which they agreed to furnish the materials and erect for her, on the lot, a building, and she was to pay them the sum of thirteen thousand nine hundred dollars. The contract contained the following clause: “And the parties of the second part, hereby agree to save, keep harmless, and indemnify the party of the first part, and the said building, and also the said land and the owner or owners thereof, of…
1Opinion of the Court
By the Court, McKinstry, J.:
We can see no constitutional or other objection to a statute securing a lien to a material man for the value of the materials which have gone into a building; provided, the aggregate liens do not exceed the contract price as fixed by the owner and original contractor.
And in such cases the contractor and owner cannot de prive the material man of his lien by introducing a stipulation into the building contract, by which the contractor agrees to indemnify the owner against any lien by persons furnishing materials to be used in the construction of the building.
In case…
2Cited by8 opinions
- Smalley v. GearingMichigan Supreme Court · 1899
- Bentz Plumbing & Heating v. FavaloroCalifornia Court of Appeal · 1982
- Baldwin Locomotive Works v. Edward Hines Lumber Co.Indiana Supreme Court · 1919
- Ah Louis v. HarwoodCalifornia Supreme Court · 1903
- Miles v. CouttsMontana Supreme Court · 1897
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