Malone v. Big Flat Gravel Mining Co.

Citations

• 76 Cal. 578
• 18 P. 772
• 1888 Cal. LEXIS 939

Syllabus

<p>Mechanic’s Lien—Statement of Contract in Notice of Lien — Variance. — The contract stated in the notice of lien must be the same in all essentials as the contract stated in the complaint. It is a fatal variance if the complaint is on a quantum meruit, and the contract stated in the notice is for a fixed price.</p> <p>Joinder of Causes of Action. —If several placer-mining claims are adjoining each other, and are owned by one company and worked as one mine, the liens of different persons upon different portions of the property may be joined in the same action, the counts being separately stated.</p> <p>Notice of Lien — Statement as to Person by Whom Claimant was Employed — Notice to be Liberally Construed.—The requirement as to stating the name of the person by whom the claimant was employed is satisfied if the statement is sufficient to inform the owner whether the claimant is an original or a sub contractor. The notice is to be liberally construed.</p> <p>Lienable Claims — Work upon Tools and Machinery. — Tools and machinery used in the development of the mine are, while so used, to be considered as affixed to the mine; and work upon such tools and machinery is work upon the mine.</p> <p>Id. — Contractor for Labor—Statement in Notice. —If the contract is that the contractor shall furnish so much labor, and receive a certain sum per man, the liability being directly to the contractor, he has a lien for the sum due, and the notice of lien properly states the contract as being with such contractor, instead of with the laborers individually; otherwise if such contractor simply acts the part of an employment office.</p> <p>Id. —Labor—Lien for Too Much. —If labor has a legitimate connection with the working of the mine, it is sufficient. A claim for too much does not vitiate the lien for what is due.</p> <p>Labor by the Month—Termination of Employment—Time of Filing Lien. —Where a laborer works by the month, the employment does not terminate at the end of each month; a