Johnson v. Dewey
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. This was an action by plaintiff Johnson against defendant Dewey, who was the owner of the “What Cheer House,” and the lot on which it stands, in Sacramento City, and defendant Senatz, who was in possession of said property as the tenant of Dewey, to recover an unpaid balance of the contract price for raising said house to the high grade of said city, and for making certain contract improvements on…
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Appeal from the District Court, Sixth Judicial District, Sacramento County. This was an action by plaintiff Johnson against defendant Dewey, who was the owner of the “What Cheer House,” and the lot on which it stands, in Sacramento City, and defendant Senatz, who was in possession of said property as the tenant of Dewey, to recover an unpaid balance of the contract price for raising said house to the high grade of said city, and for making certain contract improvements on said house, and to enforce therefor a mechanic’s lien, under the provisions of the Act of 1862 in relation to the liens of…
1Opinion of the Court
By the Court, Sanderson, J. :
This action was brought and tried in the Court below, and has been argued here, upon, as we consider, a mistaken theory. The theory has been that Senatz was the original contractor, and that the plaintiff, Johnson, was a subcontractor within the meaning of the statute of 1862 in relation to the liens of mechanics and others. (Stats. 1862, p. 384.) But such is not the relation of the parties. The plaintiff, Johnson, was the original contractor, in the sense of that statute, and he contracted with Senatz, and not with Dewey. Senatz was the tenant of Dewey, and…
2Cited by5 opinions
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