Donnelly v. Adams

Citations

• 115 Cal. 129
• 46 P. 916
• 1896 Cal. LEXIS 982

Syllabus

<p>Mechanics’ Liens—Void Contract—False Reverence to Signed Specifications.—A written contract for the construction of a building, which falsely refers to specifications as being signed by the parties to the contract and kept in the office of the architect, no specifications having been in fact signed by the parties, is inchoate, incomplete, and void, and cannot form the basis of a recovery.</p> <p>Id.—Evidence—Parol Proof—Unsigned Specifications.—The reference in the contract to signed specifications cannot be aided by parol proof; and it is error to admit in evidence specifications which are not signed by the parties.</p> <p>Id.—Effect of Invalidity of Contract.—A contract which is void through false reference to specifications is void as to all of its terms and conditions.</p>