Simons v. Webster

Citations

• 108 Cal. 16
• 40 P. 1056
• 1895 Cal. LEXIS 812

Syllabus

<p>Appeal—Review of Conflicting Evidence.—Where the evidence is substantially conflicting the determination of issues of fact by the trial court is final, and will not be disturbed upon appeal.</p> <p>Mechanic’s Lien—Claim of Pap.tnebship foe Materials Furnished— Retirement of Partner—Assignment of Lien.—Where a partnership makes a contract for materials used in the construction of a building it is immaterial to the right of the partnership to file a lien therefor, whether the contract was or was not completed prior to the retirement of one of the partners from the firm, and his sale to the other partners of his interest in the firm; and the right of the partnership to claim and file a lien for the materials is not destroyed by the extinguishment of one partner’s general interest in the partnership, nor is such case within the rule that the right to create a lien cannot he assigned to a stranger to the transaction.</p>