Booth v. Pendola

Citations

• 88 Cal. 36
• 25 P. 1101
• 1891 Cal. LEXIS 643

Syllabus

<p>Mechanic’s Lien — Joint Lien upon Separate Buildings — Unrecorded Contracts. —• A joint lien for labor done and materials furnished may he filed against two separate buildings erected upon the same lot, though erected at different times and under different unrecorded contracts between the owner and the same original contractor.</p> <p>Id. — Claim oe Lien — Specification of Labor and Materials for Each Building — Postponement of Lien. — The failure of the claimant to specify in his claim of lien the amount of labor and material furnished for each building merely has the effect to postpone his lien, and to give precedence to other specific liens upon each building, and is of no concern to the owner of the lot.</p> <p>Id.—Foreclosure—Pleading — Finding — Value of Materials and Labor — Agreed Price — Void Contract. —An allegation in the complaint and a finding as to the value of labor done and materials furnished to a contractor for the erection of buildings under void unrecorded contracts is essential to support a judgment of foreclosure of a lien therefor, and it is not sufficient to allege merely what amounts the contractor agreed to pay for the labor and materials furnished for each building.</p> <p>Id. •—Evidence of Value — Contract Price — Unrecorded Contract.— Although the original contract is unrecorded, and therefore void, the contract price agreed upon between the original contractor, as the agent of the owner, and the material-men and laborers, is prima facie evidence of the value of the materials furnished and labor performed, and would support a finding of value.</p> <p>Id. — Pleading—Uniting of Liens — Separate Statement. —Where several mechanics’ liens are united in one complaint, and there is a distinct statement of the facts as to each lien, there is a sufficient separate statement of each cause of action, though they are not numbered or otherwise formally designated.</p> <p>Id.—Competency of Witness — Estates of Deceased Persons.—The claimant of a m