Barrows v. Knight

Citations

• 55 Cal. 155

Syllabus

<p>Mechanic's Lien—Contractor—Sale—Delivery.—In an action upon a mechanic’s lien, it appeared that the plaintiffs, under a contract with the own er, furnished materials and performed labor upon a building; hut that such materials were furnished and labor performed more than sixty days before filing the lien, with the exception of two bolts, which were not used in the construction of the building, hut which, (it was claimed and found) had been delivered in pursuance of the contract. Held, upon the facts stated in the opinion, that it did not appear that this was the case, and a new trial granted.</p> <p>Id.—Query.—Could the plaintiff, under such a contract, in any event, acquire a lien, except for the materials actually used in the construction?</p>