Joost v. Sullivan

Citations

• 111 Cal. 286
• 43 P. 896
• 1896 Cal. LEXIS 577

Syllabus

<p>Mechanics’ Liens—Filing of Claim—Completion of Building — Occupation by Owner — Repairs — Trivial Imperfections — Finding against Evidence.—Where the lien of a subcontractor was not filed within thirty days after the completion of the building, it cannot be enforced; and a finding that the building was not completed, until within thirty days prior to the filing of the claim, is not sustained by the evidence, where there is positive testimony to the contrary, and where it appears that the building had been occupied by the owner and by a tenant for more than thirty days prior to the filing of the claim; and evidence showing a repair of the completed work and the correction of trivial imperfections, such as the putting on of a mislaid doorknob and the rim of a bathtub within the thirty days, does not raise a substantial conflict in support of the finding.</p> <p>Id.—Unrecorded Contract—Occupation of Building—Test of Completion.—Although the original contract may be void for want of a record, the occupation of the building by the owner furnishes a test of the completion of the work as against the claimant of a lien, when not explained, and is conclusive upon the owner when necessary to sustain liens filed upon the strength of the occupancy.</p> <p>Id.—Record — Sufficiency of Memorandum — Signature—Specifications—General Character of Work.—The record of a memorandum of a contract for the erection of a building is sufficient when the memo, randum sets forth the names of all the parties to the contract and a general statement of the character of the work to be done, and is not rendered insufficient because the memorandum is not signed, nor because plans and specifications are not filed therewith, if none are referred to in the memorandum; nor because there is no detailed description of the work to be done; and where the statement of the general character of such work is made in good faith and sets forth the size of the lot, and that a frame building already thereon is t