Johnson v. La Grave

Citations

• 102 Cal. 324
• 36 P. 651
• 1894 Cal. LEXIS 643

Syllabus

<p>Building Contract—Abandonment by Original Contractor—Cessation oe Work—Completion—Mechanics’ Liens—Time of Filing.—Where the original contractor under a building contract gave to the owner of the building written notice that he abandoned the contract, and that he declined to proceed further in its execution, and thereafter did no work upon the building, whereupon the owner contracted with another builder to complete the construction of the building, it is incumbent upon those who claim any mechanics’ liens by virtue of the original contract to file their claims of lien with the county recorder within thirty days after there has been a cessation from labor for thirty days upon the unfinished contract.</p> <p>Id.—New Contract Immaterial.—Where a building contract is abandoned it is immaterial whether the building is subsequently completed by the owner or not; and a subsequent contract by the owner for the completion of the work is as disconnected with the original contract as if it were for the construction of a different building.</p> <p>Id.—Loss of Lien—Disposition of Money Due Contractor.—Where the rights of materialmen to enforce a lien upon a building has been lost by failure to file their claims of lien in time, it is immaterial to them or to their assignee whether any portion of the moneys due to the contractor was unpaid at the time he had entered into the contract, or whether the owner made a proper disposition of the unpaid portion of the contract price.</p>