Tuttle v. Montford
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. The defendant employed one Fragler to furnish materials and build a frame house for three hundred and fifty dollars, and Fragler employed plaintiff as a sub-contractor.
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Appeal from the District Court of the Sixth Judicial District. The defendant employed one Fragler to furnish materials and build a frame house for three hundred and fifty dollars, and Fragler employed plaintiff as a sub-contractor. After the building was completed, and before the defendant was served with notice of the lien of plaintiff, the defendant paid to Fragler the sum of two hundred dollars, and the remainder of the contract price was garnisheed by certain creditors of Fragler. After this payment and the service of notice of garnishment, but before the expiration of thirty days from…
1Opinion of the CourtBurnett, J.
The first section of the act above referred to, gives a lien to certain parties upon certain property, under certain circumstances ; and the third section requires the party, if a sub-contractor, to file his account and notice of intention to hold a lien on the premises, in the recorder’s office, within thirty days after the completion of the building, and within five days thereafter to serve a copy of the account upon the owner; and by section fifth, the lien created by the act attaches at the time the work was commenced. In this case, the defendant had paid the contractor the sum of two…
2Cited by12 opinions
- Connolly Development, Inc. v. Superior CourtCalifornia Supreme Court · 1976
- Humboldt Lumber Mill Co. v. CrispCalifornia Supreme Court · 1905
- Grinnell Fire Protection System Co. v. American Savings & Loan Ass'nCalifornia Court of Appeal · 1986
- Industrial Asphalt, Inc. v. Garrett Corp.California Court of Appeal · 1986
- McCrea v. CraigCalifornia Supreme Court · 1863
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