Gibbs v. Tally

Citations

• 6 Cal. Unrep. 621
• 63 P. 168
• 1900 Cal. LEXIS 1102

Syllabus

<p>Mechanic’s Lien—Bond.—Under Code of Civil Procedure, section 1203, requiring a bond, in ease of a building contract, it by its terms to inure to the benefit of persons performing labor and furnishing materials for the contractor, one given to “T. [the owner], legal representatives or assignees,” and not in terms inuring to the benefit of anyone else, is insufficient.</p> <p>Mechanic’s Lien—Failure to Take Bond.—Under Code of Civil Procedure, section 1203, requiring a bond, in case of a building contract, in an amount equal to at least twenty-five per cent of the contract price, inuring to the benefit of persons performing labor and furnishing materials for the contractor, and providing as limit of damages, in case of a bond, the value of labor and materials furnished, not exceeding the amount of the bond, and declaring that any failure to comply with the provisions of the section shall render the owner and contractor liable to materialmen and laborers entitled to liens on the property, the measure of damages, in the absence of a bond, is the amount of the claim for labor or material, no(t exceeding twenty-five per cent of the contract price.</p> <p>Mechanic’s Lien—Failure to Take Bond.—Under Code of Civil Procedure, section 1203, giving action for damages “to any and all materialmen, laborers and subcontractors entitled to a lien,” if bond is not filed where there is a building contract, the claimant who sues first and obtains judgment is entitled to recover up to the limit of the owner’s liability, unless other claimants intervene, or, having brought actions, have them consolidated with his.</p> <p>Mechanic’s Lien—Failure to Take Bond.—Though a material-man, suing the owner of a building for failure to have a bond of the contractor filed, alleges nonpayment of the claim for materials furnished, it is enough for him to prove the debt, and defendant has the burden of proving payment.</p> <p>Mechanic’s Lien—Failure to Take Bond.—Under Code of Civil Procedure, secti