Cohn v. Wright

Citations

• 89 Cal. 86
• 26 P. 643
• 1891 Cal. LEXIS 778

Syllabus

<p>Mechanic’s Lien — Foreclosure—Pleading — Findings — Date oe Completion of Building. •—■ In an action to foreclose a mechanic’s lien, where the complaint alleged that the building had been completed upon a certain date, which was less than thirty days before the lien was filed, hut the answer denied the allegation, and averred that the building was completed upon a date prior to that alleged in the complaint, and which was more than thirty days before the filing of the lien, a finding that the building was completed “on or about” the date specified in the answer is insufficient to sustain a judgment foreclosing the lien.</p> <p>Id. — Performance within Time Limited. — Where the right of a person depends upon his doing a particular thing within a definite number of days after a certain event, it is necessary for him to allege and prove that the acts were performed within the time required by law.</p> <p>Id.—Abandonment of Structure bt Vendors—Findings.—A finding that the owners with whom the contract was made abandoned the construction of the building is not sufficient, where it appears that they conveyed the property to another person, and it does not appear whether the latter had or had not completed or abandoned the construction of the building.</p> <p>Id.— Object of Furnishing Materials—Pleading — Uncertainty.— In an action to foreclose a lien for materials, the complaint should directly allege that the materials were furnished to be used in the construction of the building or structure upon which the lien is claimed; and an allegation that the materials were furnished upon the terms and conditions set forth in the notice of lien attached as an exhibit to the complaint is insufficient as against a demurrer for uncertainty. It is not enough to allege that the materials were furnished by the plaintiff, and actually used in the construction of the building.</p> <p>Id.—Notice of Lien — Terms of Contract.—A notice of lien which states that it was agreed that the pri