Donahue v. Cromartie

Citations

• 21 Cal. 80

Syllabus

<p>Where machinery is sold for the purpose of being placed in a building owned by the vendee, with a view of converting it into a manufactory, and is actually used for that purpose, the vendor has a mechanic’s lien upon the building for the price.</p> <p>Where the sale of materials, employed in the construction or alteration of a building, is made by a written contract, which is silent as to the purpose for which the articles sold were intended to be used, parol evidence is admissible to show such purpose, and to establish thereby a mechanic’s lien for the price in favor of the vendor.</p> <p>It is not necessary to the establishment of a mechanic’s lien that the labor or materials shall be employed in the malting or erection of a building. It is sufficient if they are employed in the, alteration of a building to adapt it to other than the original uses, or to change its form or structure.</p> <p>Where the record on appeal contains a report of a referee by whom the case was tried below, in which is a finding of the facts by him, and no statement on motion for new trial appears in the transcript, it will be presumed that the findings of the referee were based upon sufficient evidence.</p>