McMenomy v. White

Citations

• 115 Cal. 339
• 47 P. 109
• 1896 Cal. LEXIS 1016

Syllabus

<p>Findings—Agreed Statement of Facts—Sufficiency of Evidence.— Where a case is submitted to the trial court upon an agreed statement of facts, no findings are necessary, the only question being as to what is the law applicable to the facts; and where findings are made in such a case, an objection that they are not justified by the evidence cannot be sustained.</p> <p>Mechanic’s Lien—Record of Contract—Failure to File Plans and Specifications—Rights of Laborers and Materialmen—Liability of Owner and Contractor.—Where a building contract is fora price exceeding one thousand dollars, and requires the building to be constructed in conformity with the plans and specifications prepared by the architects, the failure to file the plans and specifications for record render the contract void, and, in such case, the labor done and materials furnished are deemed to have been at the instance of the owner, and a lien may be had for the value thereof, but the owner is not personally liable therefor, though the contract be void, the only remedy against him being for the foreclosure of the liens, while the contractor is personally liable for labor done and materials furnished at his instance, and personal judgment may be entered against him as a party defendant in actions to foreclose the liens.</p> <p>Id.—Invalid Contract—Validity of Bond of Contractor—Guaranty against Liens—Liability of Sureties.—A bond given by a contractor to the owner of a building, the contract price of which exceeds one thousand dollars, guaranteeing the performance of all the conditions of the contract, and that the building to be constructed by the contractor shall be delivered to the owner free from all liens for labor done and materials furnished by the contractor, is valid and ■ binding upon the sureties, although the contract itself is void, because of a failure to file the plans and specifications with the county recorder.</p>