Henley v. Wadsworth

Citations

• 38 Cal. 356

Syllabus

<p>Lien of Sub-Contractors and Material Men under Act of 1862.—Upon compliance with the terms of the statute, the right of a sub-contractor, laborer or material man to a lien must be determined and controlled by the terms of the original contract between the owner and the original contractor, of the existence of which contract, and of its terms, said persons are presumed to have notice. Idem.—In the absence of fraud or misrepresentation by the owner, this presumption of full knowledge of the terms of the original contract is conclusive against all sub-contractors, laborers and material men, and they are bound by the terms of the original contract, so far as any claim upon the owner, or right of lien upon his premises under the statute, are concerned.</p> <p>Idem.—E. agreed to furnish all the work and materials, and to erect a building for W., for the sum of $12,500, payable in instalments, as the work progressed, except the sum of $3,050, which was to be paid within thirty days after the completion and acceptance of the building. After proceeding with the work for some time, and receiving from W. the sum of $10,854, which was $1,404 more than the payments stipulated to be paid prior to the completion of the building, E. abandoned the undertaking, when W. finished the building, at an additional expense of $4,698. A month after the abandonment of F., the plaintiff, a sub-contractor, and others whom he represents, gave notice to W. of them claims against F., as mechanics and material men, and, by suit, sought for the establishment of a lien against the building for the same. Held, That the payment in excess, of $1,404, by W. to F., was not to the prejudice of the plaintiff, and that the facts of the case created no lien in favor of the plaintiff, upon the property of W.</p>