Spinney v. Griffith

Citations

• 98 Cal. 149
• 32 P. 974
• 1893 Cal. LEXIS 876

Syllabus

<p>Mechanic's Liens—Statutory Right.—The lien of mechanics and others on buildings, and the land upon which they are erected, for labor and materials, is the creation of statute, and the statute creating it must be looked to, both for the right to such lien and the mode by which it can be secured.</p> <p>&>.— Constitution not Self-Executing.—The provision respecting the liens of mechanics, material men, artisans and laborers, contained in section 15 of article XX. of the constitution, is not self-executing, and is inoperative except as supplemented by legislation.</p> <p>Id.—Building Contract not Recorded—Contractor not Entitled to Lien.— Where a contractor entered into a written contract with the owner of land for the erection of a building thereon for a price exceeding one thousand dollars, but failed to file it, it is wholly void, and cannot be made the basis of a subsequent claim for a lien thereunder in favor of the contractor.</p> <p>Id.—Lien Denied by Statute—Recovery upon Common Courts.—Under section 1188 of the Code of Civil Procedure, providing that where the written contract is wholly void for want of filing,the labor done and materials furnished by all the persons therein named, except the contractor, shall be deemed to have been done and furnished at the personal instance of the owner, and that they shall have a lien for the value thereof, the contractor is disallowed a lien by the terms of the statute, and cannot claim it as an incident of or corollary to his right to recover upon the common-law courts of quantum meruit for services, and quantum valeljat for goods, wares, and merchandise sold and delivered.</p>