Linck v. Johnson

Citations

• 6 Cal. Unrep. 817
• 66 P. 674
• 1901 Cal. LEXIS 1258

Syllabus

<p>Mechanic’s Lien.—The Fact That a Contract, as to One Item, is improperly set forth in the notice of a mechanic’s lien, will not render the lien void as to the other items, concerning which the contract was correctly stated, but recovery can be had for all such items as are correctly stated.</p> <p>Mechanic’s Lien.—Where, in an Action to Foreclose a mechanic’s lien, it is stipulated that defendant was at all times represented by her father as her agent in all the matters in controversy, that proof of such agency is unnecessary, and that her father attended to all business with plaintiff, evidence that such father told witness, when he wanted materials, to order them, and that when materials were wanted the father either ordered them or directed the witness to do so, is admissible to show authority for supplying extra materials.</p> <p>Mechanic’s Lien—Foreclosure—Costs and Fees.—Under Code of 'Civil Procedure, section 1195, providing that the court must allow, as a part of the costs on foreclosure of a mechanic’s lien, the money paid for filing and recording the lien, and reasonable attorney’s fees—such costs and fees to be allowed to lien claimants whose liens are established—a party establishing a claim is properly allowed such fees and costs where defendant makes no tender of the amount due, or offer to allow judgment for any sum.</p>