Lippert v. Lasar

Citations

• 4 Cal. Unrep. 74
• 33 P. 797
• 1893 Cal. LEXIS 1084

Syllabus

<p>Mechanics’ Liens—Time for Filing—Completion of Work.—A contractor agreed to excavate a cellar, and to erect walls of concrete and steps to the street, and plaintiff did work thereon for said contractor. The work was accepted by the owner as complete, July 26th; but in August a carpenter employed by the owner placed a frame in the cellar door, and plaintiff, at the owner’s request, filled a small hole outside of the cellar. Held, that the lack of this additional work was a “trivial imperfection,” within the meaning of Code of Civil Procedure, section 1187, which provides that such imperfection shall not prevent the filing of the lien claim, and hence the filing of the claim August 29th was not within the statutory time of thirty days from the completion of the work.</p>