Snell v. Payne

Citations

• 115 Cal. 218
• 46 P. 1069
• 1896 Cal. LEXIS 997

Syllabus

<p>Appeal—Bill of Exceptions—Specifications.—A bill of exceptions used on appeal from the judgment need not contain any specifications of error, except as to the ground that a finding or decision is not supported by the evidence.</p> <p>Id.—Review upon Appeal—Findings—Nonsuit.—Where a case was decided upon a motion for nonsuit, findings of the court filed at the time that the motion for nonsuit was granted cannot be considered upon appeal.</p> <p>Mechanics’ Liens—Claims of Materialman—Overstatement of Amount Doe—Clerical Error—Validity of Lien.—Where an overstatement of the amount due on a claim of lien for materials furnished for the erection of buildings is upon its face a mere clerical error, it will not invalidate the lien, and at most can only postpone it to other liens.</p> <p>Id.—Statement of Terms—Time Given and Conditions of Contract. A statement in a materialman’s recorded claim of lien, that the materials were to be delivered in such quantities as might be directed during the progress of the construction of the building, and that he was to be paid therefor on demand of payment as to each delivery of any quantity on said property by him, the reasonable market value thereof, sufficiently states the terms, time given, and conditions of the contract.</p> <p>Id. — Charge for Package — Overcharge, when Immaterial.—Where material is usually delivered in packages, it is proper to charge for it as packed, although the small material constituting the package does not literally go into the construction of the building; but where there is a slight overcharge, a recorded claim of lien, good in other respects, cannot be rejected on that ground, unless it be so willfully false as to amount to a fraud.</p>