Pacific Rolling Mill Co. v. Bear Valley Irrigation Co.

Citations

• 120 Cal. 94
• 52 P. 136
• 1898 Cal. LEXIS 718

Syllabus

<p>Liens fob Materials—Construction of Canal—Separate Contracts for Divisions—Connection of Completed Part of Canal with Pipe Line —Suspension of Work—Extent of Claim of Lien.—Where an irrigation company, owning a reservoir and pipe line, entered upon the construction of a lengthy canal, consisting of four divisions, to be constructed under separate contracts for each division, the plan of which did not include the pipe line as any part of the canal, but was to follow its route, and, alter two divisions of the canal were completed, under separate contracts for the construction of each, they were temporarily connected with the pipe line for immediate use, whereupon work ceased upon the other proposed divisions, and the property passed into the hands of receivers, claimants of liens for materials furnished for the construction of the two completed divisions, may file liens thereupon, without including any other incom: píete divisions of the proposed canal, or the pipe line, as being a necessary part of the structure for which the materials were furnished.</p> <p>Id.—Refusal to Allow Amendment of Answer—Harmless Ruling—Admission of Evidence.—The refusal of the court at the trial to permit an amendment to the answer, setting up the existence of an entire system of which the completed divisions of the canal formed a part, as presenting a new issue, upon which no evidence had been offered-, is harmless, where the court subsequently allowed evidence upon that issue, which was considered in that court, and upon appeal.</p>