Santa Clara Valley Mill & Lumber Co. v. Williams

Citations

• 3 Cal. Unrep. 700
• 31 P. 1128

Syllabus

<p>Mechanic’s Lien—Time of Filing Notice—Code of Civil Procedure, section 1187, provides that any trivial imperfection in the construction of any building shall not be deemed such a lack of completion as to prevent the filing of any lien. Held, that where a building was erected at a cost of $4,700 and was completed on March 7, 1889, with the exception of about $7 worth of alteration, which was done on April 6, 1889, the building was completed on March 7th, within the meaning of the statute, and a lien for materials furnished, filed more than thirty days after March 7th, was not in time.</p> <p>Mechanic’s Lien—Personal Judgment of Materialman.—Code of Civil Procedure, section 1183, provides that the contract for building a house shall be in writing, and, before the work is begun, shall be filed with the recorder, otherwise to be void, and no recovery had thereon; and that labor done and material furnished by others than the contractor shall be deemed furnished at the instance of the owner, and be deemed a lien. Held, that when the original contractor had not filed his contract, and the materialman had not filed any lien under the statute, the latter is not entitled to a personal judgment against the owners of the building for material furnished the contractor.1</p>