Heston v. Martin
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action to enforce a mechanic’s lien, for the construction of a house and materials furnished. Plaintiff made a written contract with the defendant for the construction of a house. Defendant was to pay therefor a specified sum in instalments.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action to enforce a mechanic’s lien, for the construction of a house and materials furnished. Plaintiff made a written contract with the defendant for the construction of a house. Defendant was to pay therefor a specified sum in instalments. The case was tried by the Court, and judgment rendered for the defendants—the Court finding that, under the contract, there was nothing due. By a stipulation entered into, it was agreed to submit to the Court for its decision, the question, whether the…
1Opinion of the CourtBaldwin, J.
Field J., conccurring.
This appeal is without merit, and it is apparent that the only point seriously urged by the appellant—to wit: that an account is necessary, giving the items of work and materials in the statement of lien filed— cannot be maintained in case of a contract for a sum in gross.
Judgment affirmed, with ten per cent, damages.
2Cited by7 opinions
- Nichols v. CulverSupreme Court of Connecticut · 1883
- Jewell v. McKayCalifornia Supreme Court · 1889
- Leftwich Lumber Co. v. Florence Mutual Building, Loan & Savings Ass'nSupreme Court of Alabama · 1894
- Taylor v. NetherwoodSupreme Court of Virginia · 1895
- Davis v. LivingstonCalifornia Supreme Court · 1865
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