San Francisco Lumber Co. v. O'Neil

Citations

• 120 Cal. 455
• 52 P. 728
• 1898 Cal. LEXIS 787

Syllabus

<p>Mechanics’ Liens—Invalid Contract—Tlans and Drawings.—Where the original contract for the construction of a building exceeding one thousand dollars in value, upon which mechanics’ liens were claimed, referred to plans, drawings, and specifications signed by the parties, the original plans and drawings thus signed must be filed with the contract and specifications, and where only a sun-print copy of the plans and drawings, bearing a photographic representation of those documents and of the signatures thereto, was filed with the recorder, the filing is insuflacient and the contract is rendered invalid; and in such case the liens of laborers and materialmen are not limited by the amount due to the contractor under the contract.</p> <p>Id. —Memorandum—Pleading—Finding.—Where the complaint averred and the court found that there was no memorandum of the contract, and the answer did not deny the averment of the complaint, the copy of the plans and drawings cannot be considered as a memorandum under section 1183 of the Code of Civil Procedure.</p>