Reed v. Norton

Citations

• 99 Cal. 617
• 34 P. 333
• 1893 Cal. LEXIS 726

Syllabus

<p>Mechanic’s Lien—Fobeolosube — Pleading — Findings — Suppobt op Judgment — Validity of Contbact. — A complaint in an action to enforce a mechanic’s lien, which proceeds upon the theory that there was no valid written contract for the erection of the building, but that the plaintiffs dealt directly with the owner of the building and that he is liable for the whole of their claims, will not warrant a judgment based upon findings that there was such a contract and that the plaintiffs dealt directly with the contractor and not with the owner.</p> <p>Id.—Plaintiffs’ Begoveby Limited to Allegations of Complaint.—A plaintiff must recover, if at all, upon the cause of action set out in the complaint, and not upon some other which may he developed by the proofs.</p>