Skym v. Weske Consolidated Co.

Citations

• 5 Cal. Unrep. 551
• 47 P. 116
• 1896 Cal. LEXIS 1101

Syllabus

<p>Mining Contract—Laborer’s Lien.—A Contract for Labor on a mine provided that the laborers should receive certain supplies in part payment, and that, after those supplies were paid for, the balance of income remaining should be divided pro rata to the extent of each laborer’s wages at three dollars per day. In ease of failure of profits, the personal property of the mine should be sold to pay the wages due. Held, that, in the absence of anything to show a profit, an action would not lie to enforce a lien for wages unless it were alleged and proved that there had been a request for a sale of the personal property, and a refusal on the part of the owner.</p> <p>Mining Contract—Laborer’s Lien.—The Contract not Being Restricted in application to the labor performed after it was signed, the actual time of signing is immaterial.</p> <p>Mining Contract—Laborer’s Lien.—The Date When the Contract purported to be signed by plaintiff is conclusive evidence that the labor performed after that date was done subject to its terms.</p> <p>Mining Contract—Laborer’s Lien.—Evidence That a Contract purporting to have been made by plaintiff was read to him, he being unable to read or write, with comments thereon representing that it meant something very different from its true meaning, and that thereupon he assented to it, and authorized his name to be signed thereto, is sufficient to justify a finding that plaintiff did not make the contract.</p> <p>Attorneys’ Fees.—A Judgment for Attorneys’ Fees in an Amount in excess of that claimed in the complaint cannot be sustained.</p> <p>Appeal.—A Finding Based on Conflicting Evidence will not be disturbed on appeal.</p>