Lucas v. Gobbi
California Court of Appeal
APPEAL from a judgment of the Superior Court of Mendocino County, and from an order denying a new trial. J. Q. White, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
This is an appeal from the judgment and an order denying the motion for a new trial in an action for the foreclosure of a “materialman’s” lien.
1. The first point made by appellants is that the complaint is fatally defective inasmuch as “there is no allegation that at the time of filing the notice of lien any sum was due from the owner to the contractor nor any necessary fact giving the materialman a lien against the property of the owner.”
But the plaintiff proceeded upon the theory that thg building contract was void, since, being for more than $1,000, it was not recorded. In such a case the…
2Cases cited14 opinions
- Bank of Lemoore v. FulghamCalifornia Supreme Court · 1907
- McClain v. HuttonCalifornia Supreme Court · 1900
- Santa Monica Lumber & Mill Co. v. HegeCalifornia Supreme Court · 1897
- Malone v. Big Flat Gravel Mining Co.California Supreme Court · 1888
- McDermott v. ClaasSupreme Court of Missouri · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Diamond Match Co. v. Sanitary Fruit Co.California Court of Appeal · 1925
- Jarvis v. FreyCalifornia Supreme Court · 1917
- Seafoam Mines Corp. v. VaughnIdaho Supreme Court · 1936
- Blanck v. Commonwealth Amusement Corp.California Court of Appeal · 1912
- Consolidated Lumber Co. v. Bosworth, Inc.California Court of Appeal · 1919
3 more not listed; retrieve them via the Exa API.