Coss v. MacDonough

Citations

• 111 Cal. 662
• 44 P. 325
• 1896 Cal. LEXIS 636

Syllabus

<p>Mechanics’ Liens—Completion oe Building — Construction oe Elevator— Convenience.—Where an elevator was provided for in the plans and specifications of a building, and a contract was let for its construction when the other contracts were let, the building is not completed until the elevator is constructed; and the fact that the building might have been used without the elevator, and that it was a convenience merely, is immaterial.</p> <p>Id.—Finding oe Completion — Sufficiency oe Evidence — Trivial Imperfection— Question oe Fact.—Where the court finds that the building was completed when the elevator was constructed, and that the elevator was completed on a specified date, the question whether items of work done upon the elevator after that date were to remedy a trivial imperfection is a question of fact to be determined by the trial court, and its finding as to the date of the completion will not be disturbed merely because work of a trifling character was done upon the elevator after that date.</p> <p>Id.—Description of Land — Appeal—Technical Objections for First Time.—Technical objections to the description of the land contained in the claim of lien, and in the complaint based thereon, cannot be urged upon appeal for the first time; and where it appears that there was no demurrer to the complain t, and that the claim of lien was introduced in evidence at the trial without objection, and there was in fact a description of the property in the claim of lien, and the complaint alleged that the claim of lien described the property, the fact that it was not alleged in specific terms that the claim contained “ a description of the property sufficient for identification,” is not a technical ground of objection upon appeal.</p> <p>Id.—Void Contract—Claim of Lien bt Subcontractor — Description of Original Contract-—Variance.—-Where the original contract is void for want of record, the subcontractor does not thereby become an Original contractor; and the fact that the cl