Holland v. Wilson
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County. The action was brought by the plaintiff to recover the reasonable value of work, labor, and materials furnished in the construction of a building for the defendant.
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Appeal from a judgment of the Superior Court of San Diego County. The action was brought by the plaintiff to recover the reasonable value of work, labor, and materials furnished in the construction of a building for the defendant. The defendant, in paragraph 3 of his answer, alleged that the work and materials were done and furnished in pursuance of a written agreement executed by the defendant and the plaintiff, a copy of which was annexed to the answer and pleaded as an exhibit, and that before the work therein mentioned was commenced, “the agreement was filed in the.office of the county…
1Opinion of the Court
'Thornton, J.
We think the court below ruled correctly in sustaining the demurrer to the portion of the answer numbered 3. The “plans and specifications” referred to in the agreement were a part of the contract, and should have been filed in the recorder’s office under section 1183 of the Code of Civil Procedure.
The averment as to' filing is insufficient, in failing to show that the plans and specifications were filed.
Judgment affirmed.
Searls, C. J., Sharpstein, J., McFarland, J., MeJcinstry, J., and Paterson, J., concurred.
2Cited by5 opinions
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- Burnett v. GlasCalifornia Supreme Court · 1908
- Rebman v. San Gabriel Valley Land & Water Co.California Supreme Court · 1892