San Pedro Lumber Co. v. Schroeter
California Supreme Court
The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
This was an action brought to foreclose a materialman’s lien. Judgment passed for the plaintiff and from that judgment and from the order denying defendants’ motion for a new trial they appeal. The appellants, H. M. E. Schroeter and his wife, are the owners, and George Beard was the contractor. The contract between the owners and the contractor was admittedly void. The material in question was lumber purchased by the contractor from the plaintiff.
The first proposition advanced upon appeal is that there is a fatal variance between the terms of the contract as expressed in the recorded claim of…
2Cases cited11 opinions
- Clavey v. LordCalifornia Supreme Court · 1891
- Comptoir D'Escompte De Paris v. DresbachCalifornia Supreme Court · 1888
- C.A. MacOmber v. L. M. BigelowCalifornia Supreme Court · 1899
- Goss v. StrelitzCalifornia Supreme Court · 1880
- Abbey Homestead Ass'n v. WillardCalifornia Supreme Court · 1874
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3Cited by6 opinions
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- Root v. ConlinCalifornia Court of Appeal · 1924
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