McAlpin v. Duncan

Citations

• 16 Cal. 126
• 1860 Cal. LEXIS 185

Syllabus

<p>Under the Mechanic’s Lien Act of 1858, material-men, sub-contractors, etc., have a lien upon the property described in the act to the extent—if so much be necessary—of the contract price of the principal contractor; but they must give notice of their claims to the owner, or the mere existence of such claims will not prevent the owner from paying the contractor, and thereby discharging himself from the debt. By giving such notice, the owner becomes liable to pay the sub-contractor, material-men, etc., as on garnishment or assignment; but if the owner pay according to his contract, in ignorance of such claims, the payment is good.</p>