Lothian v. Wood

Citations

• 55 Cal. 159

Syllabus

<p>Mechanic’s Lien—Notice—Coepobation.—Knowledge of a fact, concerning the business or affairs of a corporation, acquired by a director or other agent—unless acquired in tlie management and condnet of its business— does not constitute notice to the corporation. So held, in an action against a corporation and its tenant to foreclose a mechanic’s lien, for materials furnished in the construction of a building by the tenant on the leased X>remises—and alleged to have been furnished Avith the knowledge of the corporation—where it appeared that a director of the corporation, on ono occasion, was present during the construction of the building.</p> <p>Id.—Building— Stbuctdbe—Definition.— Held further — the property upon which a lien was claimed being “a danoing-hall, swings, and seats” — that, at least, neither the swings nor seats were buildings or structures, (within the intent and meaning of §§ 1183 and 1192 of the Code of Civil Procedure) for Avkieh the corporation would be chargeable even with notice.</p> <p>Id.—Vendob’s Lien—Judgment by Default.—The tenant defendant having suffered default, the Court adjudged that the plaintiff was entitled to a vendor’s Hen for the materials furnished, and that he should have the right to enter upon the premises and to remove and sell the same. Held, that the decision and judgment were outside the issues, and against law, and judgment directed to be entered in favor of the plaintiff for a lien upon such interest as the said defendant had in the land at the date of the accruing of the lien.</p>