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· 3/10/1897

Santa Monica Lumber & Mill Co. v. Hege

Citations

  • 5 Cal. Unrep. 628
  • 48 P. 69
  • 1897 Cal. LEXIS 945

Syllabus

<p>Mechanics’ Liens—Proceedings to Perfect—Time of Filing.—■ Where there was evidence that buildings were, in effect, completed before the claim of lien was filed, a finding to that efieet will not be disturbed, though there was evidence of trifling imperfections remedied after such time.</p> <p>Mechanics’ Liens—Landlord and Tenant—Notice.—Where the owner of a lot gives permission to his tenant to erect a building thereon of a certain character, and the tenant does so, he had such knowledge of the intended construction of the building as to render a notice posted by him after the lien was filed, on visiting the premises, too late, under Code of Civil Procedure, section 1192, providing that buildings constructed on lands with the owner’s knowledge shall be held to be constructed at his instance, and liable for a lien, unless, within three days after knowledge of the construction, he post notices thereon.</p> <p>Mechanic’s Lien.—In an Action to Enforce a Materialman’s Lien, plaintiff can recover only for the materials furnished between the dates stated in the claim of lien, though the proof shows that materials were furnished on other dates.1</p>

Judges: Belcher

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