First Nat'l Bank of Bridgeport v. Perris Irrigation Dist.

Citations

• 107 Cal. 55
• 40 P. 45
• 1895 Cal. LEXIS 711

Syllabus

<p>Building Contract—Right of Materialman to Give Notice—Time of Notice—Assignment by Contractor—Construction of Statute.— Under section 1184 of the Code of Civil Procedure a materialman may give notice to the reputed owner of the structure of his claim for material furnished at any time before money falls due under the contract, and no assignment made by the contractor of an amount to become afterwards due to him in the course of performance of the contract can, before the arrival of the time of payment, defeat the right of the materialman to give the notice provided for in the statute and to obtain the benefit thereof; and the notice may be effectually given so long as the money is owed to the contractor himself, although the time when it should have been paid is passed.</p> <p>Id.—Assignment by Way of Substitute for Original Contractor.—An assignment made by the original contractor to another person or company before the completion of the work vests in the assignee, prior to the expiration of thirty-five days from the date of the completion of the work, no rights different from or superior to those of the original contractor.</p> <p>Id.—Assignment of Balance Due Under Contract—Loss of Rights of Materialman.—An assignment made of the balance of the contract price after it has become due and payable under the terms of the contract, with notice to the reputed owner of such assignment, cuts off all \\ rights of materialmen in the funds so assigned, and any notice after-wards given by a materialman is futile, provided the assignment was without notice of the unpaid demand.</p> <p>Id,—Assignee in Good Faith not Subject to Latent Equities.—An assignee of a sum due, who purchases in good faith and for value, takes the assignment free from the latent equities of third persons of which he has no notice.</p> <p>Id.—Presumption Upon Appeal—Notice—Findings.—It cannot be presumed upon appeal, in support of the findings and judgment, that no notice other than that expressly fou