Madera Flume & Trading Co. v. Kendall

Citations

• 120 Cal. 182
• 52 P. 304
• 1898 Cal. LEXIS 732

Syllabus

<p>Mechanics’ Liens—Claim fob Materials Furnished—Insufficient Notice —Pleading.—A notice of a claim of lien for materials furnished, which states the name of the contractor and of the owner of the building, but does not state to what person the materials were furnished, is insufficient and fatal to the lien, and cannot be aided by a statement in the complaint for foreclosure of the name of the person to whom the materials were furnished.</p> <p>Id.—Notice not Capable of Amendment.—The notice of lien which is filed! for record must be complete in itself at that time, in order to authorize an enforcement of the lien, and is not capable of being amended or reformed.</p> <p>Id.—Void Contract Immaterial.—The fact that the contract for the construction of the building for a price of more than one thousand dollars was verbal, and was void for want of record, does not relieve the claimant from the necessity of stating the name of the person to whom the material was furnished.</p> <p>Id.—Foreclosure—Improper Judgment for Deficiency against Owner.—A lien claimant is not entitled to a judgment for a deficiency against the owner of the property, even if the contract was void for want of record, but the only relief to which he is entitled, against the owner in such case is to a lien for the value of the labor done or material furnished..</p>