John A. Roebling Sons Co. v. Bear Valley Irrigation Co.

Citations

• 99 Cal. 488
• 34 P. 80
• 1893 Cal. LEXIS 697

Syllabus

<p>Lien of Matebial Man—Oonstbuction of Telephone Line — Sale fob Pabtioulab Use—Finding against Evidence.—-In an action to enforce a material man’s lien against a telephone line, where there is no evidence that the goods -were sold for the purpose of being used in the construction of the particular telephone line against which the lien is sought to be enforced, the only evidence on the subject being that of the salesman of the material man, who testified that he did not know where the goods were to be used, but that they were of the kind that were used' for a telegraph or telephone line, a finding that the materials sold were “ to be used in the construction of said telephone line, ” is not supported by the evidence.</p> <p>Id.—Materials to be Expbessly Furnished fob Stbuotube Charged with Lien. —In order to enforce the lien of a material man against a building or structure the materials must not only have -been used in the construction of the building, hut they must have been, by the express terms of the contract, furnished for the particular building on which the lien is claimed.</p>