Snell v. Clark Construction Co.

Citations

• 16 Cal. App. 253

Syllabus

<p>Mechanic’s Lien—Materialman Furnishing Materials to Subcontractor—Innocent Payment by Contractor — Notice to Owner—Loss of Contractor.—The owner of a building is chargeable with the lien of a materialman furnishing materials to a subcontractor, where he had not fully paid the contractor, and had notice of the materialman’s lien. In such ease the loss must fall upon the contractor, though he innocently paid the subcontractor in full without notice of the materialman’s lien.</p> <p>Id.—Submission of Controversy Between Lien Claimant and Contractor—Payment into Court.—Where the owner paid the amount of the lien claimed by the materialman into court, and there was a submission of controversy between the lien claimant and the contractor concerning the money, the court properly awarded the amount to the materialman and not to the contractor.</p> <p>Id.—Mode of Protection by Contractor.—The contractor, in such a case, can protect himself against loss by exacting of the subcontractor a contract which would require him to show that his labor and material bills were paid before the money is paid to the subcontractor, or provide that the contractor might see that the sums paid to the subcontractor were applied to the payment of such bills.</p>