Dore v. Sellers

Citations

• 27 Cal. 588

Syllabus

<p>Lien of Contractor on Building.—The statute gives one who has entered into a contract in writing to construct a building a lien on the same as security for the payment of the money becoming due to him according to the terms of the contract, but this lien cannot be enforced for an amount exceeding the sum to become due the contractor.</p> <p>Contractor has no Lien except for Money to become Due.—If a contractor engages to construct a building in consideration—in whole or in part—of a debt then due from him to the employer, or of a sum paid him by the employer upon the execution of the contract, that portion of the contract price represented by the debt or the advance payment cannot become a lien upon the building.</p> <p>Lien of ÍImployíes of Contractor.—The employés of the contractor have no lien on the building as principals, and cannot acquire a lien on the building independent of the one existing on the original contract, which they may enforce to the amount due them, so that the same does not exceed the sum for which the contractor has a lien.</p> <p>Lien of Employes of Sub-Contractor.—If the contractor has paid the sub-contractor according to the terms of his contract with him, and has not made premature payment, the employés of the sub-contractor are not entitled to demand anything from the contractor or employer.</p> <p>Same.—The employés of the sub-contractor cannot intercept any money due from the employer to the contractor, nor can they enforce the lien of the contractor for any of the same, beyond what is due from the contractor to the sub-contractor at the time.</p>