Rebman v. San Gabriel Valley Land & Water Co.

Citations

• 95 Cal. 390
• 30 P. 564
• 1892 Cal. LEXIS 835

Syllabus

<p>Unrecorded Botldingi Contract — Action for Reasonable Value of Work and Materials. — An action may be maintained for the reasonable value of work done and materials furnished in the erection of a building, although the value of the labor and materials exceeds one thousand dollars; and it is no defense to such an action, either that the implied contract for reasonable value was not recorded, or that the work and materials were done and furnished in pursuance of a written contract which was not filed for record in accordance with the statute.</p> <p>Id. — Record of Implied Contract — Construction of Code. — The code does not provide for recording an implied contract which is not complete until the labor is done and materials furnished, and could not be recorded before the commencement of the work. The statute only applies to express contracts stating obligations thereafter to he performed.</p> <p>Id. — Invalidity of Unrecorded Written Contract — Evidence of Reasonable Value. — A written contract for the erection of a building for a price exceeding one thousand dollars, if not recorded, is wholly void for all purposes, and is not competent evidence of the value of the labor done and materials furnished in the erection of the building, in an action to recover their reasonable value. .</p> <p>Id. — Findings — Work and Labor under Invalid Contract.—In an action for the reasonable value of labor done and materials furnished in the erection of a building, where the defendant alleges that the work done and materials furnished were in pursuance of a written contract, a finding by the court that the alleged contract never had been recorded, and was therefore wholly void, is equivalent to a finding that there was no written contract, and that no labor was done or materials furnished under it; and it is immaterial whether the work and materials were or were not in accordance with the terms of the unrecorded written contract.</p> <p>Id. — Counterclaim for Damages for Breach of