Cox v. Western Pacific Railroad

Citations

• 44 Cal. 18
• 1872 Cal. LEXIS 146

Syllabus

<p>When Contract is Entire and not Severable.—If a contractor agrees with a railroad company to grade a section of its road, and do all work necessary to make the road ready for the cross-ties and iron equipments, and to receive a fixed sum for the work, to he paid from time to time as the work progresses, at the prices fixed and estimates of work done, made by an Engineer, the contract is entire, and the provision for payments from time to time as the work progresses does not make it severable.</p> <p>But one Mechanics’ Lien Allowed under an Entire Contract.— Neither a contractor nor a sub-contractor can, from time to time, as the work progresses, file successive liens for work done on an entire contract. In such case but one lien can be acquired, and that must be filed within the time specified in the statute after the completion of the work.</p> <p>Lien on Part oe a Bailroad.—A lien for work or materials cannot he acquired on a portion of a railroad, but must be filed on the entire road. The contractor who grades a section only of the road cannot file a lien on that section alone.</p>