McGinty v. Morgan

Citations

• 122 Cal. 103
• 54 P. 392
• 1898 Cal. LEXIS 539

Syllabus

<p>Mechanic’s Lien—Notice of Lien—Statement of Contract.—A . notice of lien filed by a contractor with whom the owner of a lot contracted directly for the erection of a house thereon, the ’ terms of the contract being fully known to the owner, is not' rendered invalid by omitting to state that the contract price was to be paid in installments as the work progressed, if no ' incorrect statement of the terms of the contract was made, and no time was given, or condition existed, other than that stated in the notice, and it stated the correct amount of the contract. price, and the amount paid thereon, which exceeded the amount of the installments. Such notice substantially complied with . section 1187 of the Code of Civil Procedure, and entitled the' contractor to enforce the lien for the unpaid part of the purchase price.</p> <p>Id.—Construction of Code-Terms, Time Given, and Conditions of Contract.”—The provisions of section 1187 of the Code of Civil Procedure, that the notice of lien shall contain a state-' ment of the “terms, time given, and conditions of the contract,” is not to be construed as requiring a statement of all the details., of the contract, but is to have a reasonable construction in view of the purpose for which it is required; and the statute, being' remedial, is to receive a liberal construction, for the purpose of carrying its object into effect, and the notices required to be given thereunder have regard to substance rather than to form.</p> <p>Id.—Extra Work—Admission of Pleadings—A statement in the notice of lien that extra work was performed for an agreed price is supported by an allegation of that fact in the complaint, and its admission by failure of the answer to deny it.</p> <p>Id.—Foreclosure of Lien—Order Granting New Trial—Limitation .of Ground to Ins deficiency of Notice—Appeal.—An order granting a new trial, after the rendition of a judgment foreclosing a lien in favor of the contractor, which is expressly lim- ■ ited to the ground of