Bottomly v. Rector
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. Bottomly filed his complaint against the appellants and one Murdock, stating that Murdock was indebted to the plaintiff $660, with interest, from May 2d, 1851, for materials and lumber furnished Murdock in March, 1851; that said lumber was used by Murdock in the erection of a building called Grace Church, situated, &c.; that the money remained unpaid, &c.; that Murdock was the contractor, employed by the other…
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Appeal from the District Court of the Fourth Judicial District. Bottomly filed his complaint against the appellants and one Murdock, stating that Murdock was indebted to the plaintiff $660, with interest, from May 2d, 1851, for materials and lumber furnished Murdock in March, 1851; that said lumber was used by Murdock in the erection of a building called Grace Church, situated, &c.; that the money remained unpaid, &c.; that Murdock was the contractor, employed by the other defendants to erect the building; that on the 2d of May, 1851, the plaintiff filed and perfected a lien on said building,…
1Opinion of the CourtJustice Heydenfeldt
This is an action by a material-man, under the mechanics’ lien law. The object of the plaintiff is to obtain a money judgment against one of the defendants, to whom he sold the lumber, and to have a decree against the other defendants who own the building, for the enforcement of his lien.
The statute certainly never contemplated that a lumber merchant should have the right of following the materials which he had sold to another, in general terms, and obtaining a lien upon any building to which the materials had been applied. The language of the act is sufficiently explicit, and must be…
2Cited by14 opinions
- Halbert's Lumber, Inc. v. Lucky Stores, Inc.California Court of Appeal · 1992
- Holmes v. RichetCalifornia Supreme Court · 1880
- Patent Brick Co. v. MooreCalifornia Supreme Court · 1888
- California Portland Cement Co. v. Wentworth Hotel Co.California Court of Appeal · 1911
- Cohn v. WrightCalifornia Supreme Court · 1891
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