Golden Gate Lumber Co. v. Sahrbacher

Citations

• 105 Cal. 114
• 38 P. 635
• 1894 Cal. LEXIS 1120

Syllabus

<p>Building Contract—Right of Contractor to Abandon Work.—Nonpayment of an installment price when due is such a breach of the contract as to justify a contractor in leaving the work and recovering upon a quantum meruit, but if the contractor has not performed the contract according to its terms when he demands payment of an installment, then it is not due, and he is not justified in leaving the work.</p> <p>Id,—Effect of Abandonment without Cause—Mechanics’ Liens.—If the contractor leaves the work without cause it is an abandonment of the contract such as is contemplated by section 1200 of the Code of Civil Procedure, and the rights of materialmen and subcontractors will will be measured by the provision of that section.</p> <p>Id.—Material Departure from Specifications.—Where the contract called for lathes one and one-quarter inches wide, and lathes one and one-half inches wide were used, and the contract called for No. 1 rustic and the best quality of joists and studding, and the contractor used second quality of joist and studding and No. 2 rustic, there is a substantial and material departure from the specifications of the contract.</p> <p>Id.—Breach of Contract—Evidence—Fair Average Job.—The evidence of carpenters and architects to the effect that, as far as the work had progressed at the time the contractor had left the building, it was a fair average job for that class of building, does not meet the issue made as to whether there was a substantial breach of the contract.</p> <p>Id.—Refusal to Hear Oral Arguments—Privilege to File Briefs— Discretion.—The court, in deciding a case, has a right, in the exercise of its discretion, to decline to hear oral arguments of the case and to give the attorneys the privilege of filing briefs instead.</p> <p>Id.—Costs—Percentage.—In an action to foreclose liens of materialmen and subcontractors in the city and county of San Francisco the plaintiffs, as the prevailing parties, are entitled to recover as costs the percentage