Macomber v. Bigelow

Citations

• 123 Cal. 532
• 56 P. 449
• 1899 Cal. LEXIS 1113

Syllabus

<p>Mechanics’ Liens—Void Contract—Action <bt Assignee of Contractors —Pendency of Actions by Subcontractors—Continuance—Setoff of Costs.—In an action by an assignee of building contractors for the reasonable value of services performed and materials furnished by.them under a void building contract, where it was pleaded in the answer and admitted at the trial that actions were pending for the foreclosure of liens in favor of subcontractors, it is the duty of the court to continue the trial of the case until the actions in favor of the subcontractors should be tried and determined, in order to secure to the defendant the right of setoff of the amount of costs and attorney’s fees in such actions-against the claim of the contractor, it being his duty to have paid his debts to the subcontractors, or to have defended the suits brought by them at his own expense.</p> <p>Id.—Claims of Subcontractor—Privity of Contract—Enforcement of Liens—Defense by Owner.—There is no privity of contract between subcontractors, and the owner of the building, and he is not personally liable to them; but, where the contract is void as not having been properly recorded, they are entitled to enforce their liens against his property, if valid, and the owner may defend the suits for the foreclosure of their claims of lien . at the expense of the contractor.</p> <p>Id.—Quantum Meruit—Interest not Allowable.—In an action of quantum, meruit, to recover the reasonable value of services and materials, the amount, character, and value of which could only be established by evidence, and which are not susceptible of ascertainment, either by computation, or by reference to market rates, interest cannot be allowed prior to the decision of the ease.</p>