Legal Opinion

Donnelly v. Adams

California Supreme Court

Decided November 30, 1896No. S. F. No. 182PublishedCited by 16 opinions

Cross-appeals from a judgment of the Superior Court of the City and County of San Francisco. J. C. B. Hebbard, Judge. The plaintiff claimed nineteen hundred and fifty-six dollars with interest as being due under an alleged contract of defendant Frank P. Adams with plaintiff’s assignor for the erection of a frame building upon the land of said defendant. The court awarded to plaintiff only six hundred and ninety dollars and fortjr-nine cents.

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Cross-appeals from a judgment of the Superior Court of the City and County of San Francisco. J. C. B. Hebbard, Judge. The plaintiff claimed nineteen hundred and fifty-six dollars with interest as being due under an alleged contract of defendant Frank P. Adams with plaintiff’s assignor for the erection of a frame building upon the land of said defendant. The court awarded to plaintiff only six hundred and ninety dollars and fortjr-nine cents. Plaintiff and defendant, each appealed from the judgment upon hills of exceptions presented by each; and the cross-appeals, were by stipulation, heard…

1Opinion of the CourtHenshaw, J.

These are cross-appeals by plaintiff and defendant. The action was by the assignor of an original contractor to foreclose a lien under a building contract. The court adjudged plaintiff to have a lien, and decreed foreclosure thereof.

Defendants’ claim that the contract between the parties is void first invites attention. The contract provided that the contractor should furnish the necessary labor and materials to erect a certain building “and other works shown and described in and by and in conformity with the plans, drawings, and specifications for the same, made by B. B. Henriksen, the…

2Cases cited1 opinion

  1. Willamette Steam Mills Lumbering & Manufacturing Co. v. Los Angeles College Co.California Supreme Court · 1892

3Cited by16 opinions

  1. S. Jon Kreedman v. MEYERS BROS. PARKING-WESTERNCalifornia Court of Appeal · 1976
  2. Coghlan v. QuartararoCalifornia Court of Appeal · 1911
  3. Colorado Corp., Ltd. v. SmithCalifornia Court of Appeal · 1953
  4. West Coast Lumber Co. v. KnappCalifornia Supreme Court · 1898
  5. Brown-Randolph Co. v. GudeSupreme Court of Georgia · 1921

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