Limbach v. Schmalz

One under contract to render services must look to his employer for compensation unless in a proper case he has availed himself of the auxiliary remedy of a laborer’s or mechanic’s lien, secured a valid written promise of another to pay the employer’s debt, or a novation has been made and a new debtor substituted. It appears from the evidence that respondent and his co-laborer Wick were uneasy because of their employer’s (Schreck’s) failure to pay them their wages due on this and other jobs. Respondent testified: “My testimony now is that I told Schmalz that I had some money coming from…