Parker v. Savage Placer Mining Co.

Citations

• 61 Cal. 348
• 1882 Cal. LEXIS 614

Syllabus

<p>Mechanics’ Liens—Variance.—In an action by several plaintiffs to foreclose mechanics’ liens, the complaint, in each count, alleged that the plaintiff therein named performed labor at the special instance and request of the defendant, and that the defendant agreed to pay therefor, etc. From the evidence it appeared that the defendant employed one H. to run a tunnel in its mine at a stipulated price, and H. employed the plaintiffs to perform the work upon the tunnel at a stipulated sum per day. H. failed to pay them for their work, and thereupon they filed their liens. Judgment passed in their favor.</p> <p>Held: There was no error in the proceedings. The complaints in each case (as stated in the syllabus) alleged that the work was done at the request of the defendant, and that the defendant agreed to pay, etc.</p>