Denison v. Burrell

Citations

• 119 Cal. 180
• 51 P. 1
• 1897 Cal. LEXIS 876

Syllabus

<p>Mechanics’ Liens—Building Contract under One Thousand Dollars— Rights of Conteacting Parties—Construction of Code.—Where the contract price for the erection of a building is less than one thousand dollars, the provisions of section 1184 of the Code of Civil •Procedure, relative to the mode and time of payment, and the withholding of a percentage of the contract price for the benefit of lienholders, are not applicable; and it is permissible for the parties to contract for the payment of the whole amount before the commencement of the work, or after the completion of the building.</p> <p>Id.—Abandonment of Contract—Completion of Building by Owner-Rights of Lien Claimants.—The contract for less than one thousand dollars being valid, the liens of mechanics and materialmen cannot be claimed for a greater amount than the sum due and unpaid to the contractor; and if nothing was due the contractor at the time of his abandonment of the contract, and he was to be paid by the ' terms of the contract only upon completion of the building, liens cannot be claimed for a proportional part of the contract price earned at the date of abandonment by the contractor, and if the building is completed by the owner of the building substantially as called for by the contract, the amount available for the liens of those who had furnished labor or materials to the contractor would be only the excess of the contract price remaining in the owner’s hands after payment of the cost of completion.</p>