Blythe v. Poultney

Citations

• 31 Cal. 233

Syllabus

<p>Lien i*or Materials furnished to Contractor.—The right of a material man to a lien on the land and building, as against the owner, for materials furnished * the contractor, depends for its existence upon the fact of an indebtedness from the owner to the contractor at the time of or subsequent to the notice.</p> <p>Contract to erect Building.— If the contract for the erection and completion of a building is entire, and the contractor abandons the work before it is completed, he loses the right which he would have had to the full compensation agreed on.</p> <p>Lien for Materials furnished Contractor.—If the contractor agrees with the owner to erect a building' and furnish the materials, for a sum certain, to be paid as the work progresses, with a reservation of twenty-five per cent until completed, and he abandons the work, having collected all that is due him except the twenty-five per cent, one who has furnished the contractor with materials has no lien as against the owner.</p>