Bragg v. Shain
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The case was thus: On the 5th day of November, 1870, the First Congregational Society of San Francisco entered into a contract with E. R. Shain, for the erection of a chnrch edifice.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The case was thus: On the 5th day of November, 1870, the First Congregational Society of San Francisco entered into a contract with E. R. Shain, for the erection of a chnrch edifice. The edifice was to be completed by the 1st day of February, 1871. The Society was to pay Shain for the work and materials the sum of $31,850, “payments to be made in installments on the first day of every month to the amount of seventy-five (75) per cent, on the value of the materials furnished and the work done and…
1Opinion of the Court
By the Court, Wallace, C. J.:
1. No point in argument is made by counsel as to the constitutional validity of the Act of March 30,1868, entitled “ An Act for securing liens of mechanics and others,” and we are, therefore, not called upon to consider the question.
2. We are of opinion that the failure of the Congrega*135tional Society to retain in their hands twenty-five per cent, of the contract price, as stipulated in the contract with Shain, operated to release the defendant, Bonnet, as the surety of the latter.
The case is not distinguishable in principle from those of Taylor v. Jeter (23 Mo. R.…
2Cited by37 opinions
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- Eppinger v. KendrickCalifornia Supreme Court · 1896
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