Bennett v. Davis

Citations

• 113 Cal. 337
• 45 P. 684
• 1896 Cal. LEXIS 790

Syllabus

<p>Mechanics’ Liens — Construction of Mantels — Original Contract— Materials Furnished.—Persons who contract with the owner of a building in process of erection, to put in a wooden mantel, and also a tiling mantel, the tiling of which is, to be placed in the building by permanently attaching it to the brickwork surrounding the mantelpiece, the labor of putting in the mantels being small as compared with the value of the mantels, are not original contractors, within the meaning of the mechanics’ lien law, but are materialmen.</p> <p>Id. — Comparative Value of Labor and Materials.— The main consideration in determining whether the contract is one of construction, or of sale of materials, is whether the labor bestowed upon placing the materials in the building is trifling in comparison with the price of the materials, or whether the materials are trifling in comparison with the labor.</p>