O'Donnell v. Kramer

Citations

• 65 Cal. 353
• 4 P. 204
• 1884 Cal. LEXIS 549

Syllabus

<p>Mechanics’ Lien—Pleadings.—In an action to enforce a laborer’s lien, where the complaint does not allege that any money was due the contractor, but the answer presents that issue, and the court finds thereon, a judgment consistent with the case as presented may be given, as provided by section 580 of the Code of Civil Procedure.</p> <p>Id.—No lien exists in favor of a laborer beyond the amount due from the owner of the property to the contractor.</p>