Brunner v. Marks

Citations

• 98 Cal. 374
• 33 P. 265
• 1893 Cal. LEXIS 929

Syllabus

<p>Mechanics’ Liens—Lien upon Paet of Building—Remodeling of Building upon Past of Lot—New Building.—The rule that a lien cannot be claimed upon part of a building does not apply where liens are claimed for labor and mateiials furnished in the improvement and construction of additions to a building upon part of a lot, though the contract included the erection of another new building upon another part of the same lot,, upon which other liens are claimed.</p> <p>In__Fobeclosube—Description of Lot—Admissions of Pleadings—Evidence. —Where the complaint upon foreclosure of the liens upon the remodeled building describes it as situated upon the entire lot, and its allegation in that respecte is not denied, no issue is raised as to whether or not the lien covers an entire building or only a part thereof, and the defendant cannot introduce evidence against his admission.</p> <p>Id.—Immaterial, Variance between Claims of Lien and Complaint. — In such case, the fact that the claims of lien described the building remodeled as situated upon forty-eight feet of the lot, and the complaint described the building as situated upon the entire lot, causes no material variance.</p> <p>Id.—Description in Claim of Lien—Identification.—The description of the land upon which a structure is erected, required to he set out in a claim of lien thereon, is not a technical description, and is demanded only for the purpose of identification.</p>