Jones v. Shuey

Citations

• 5 Cal. Unrep. 17
• 40 P. 17
• 1895 Cal. LEXIS 1140

Syllabus

<p>Mechanic’s Lien—Pleading and Proof—Variance.—Where the claim of mechanic’s lien, and the complaint in an action to foreclose the lien, alleged a contract to pay plaintiff $3.50 per day, and a contract to pay the reasonable value o-f his services was proved, and such value was shown to be $2.84 per day, the variance is fatal.</p> <p>Tender—Whether must he Unconditional.—A tender, to be valid, must be unconditional.</p>