Stimson Mill Co. v. Riley

Citations

• 5 Cal. Unrep. 218
• 42 P. 1072
• 1895 Cal. LEXIS 1178

Syllabus

<p>Mechanics’ Liens.—The Fact That the Building Contract, in providing for the payments, retains, until thirty-five days after the completion of the work, slightly less than the twenty.-five per cent of the contract price required by statute, does not render the owner personally liable for all labor and materials furnished, especially when more than twenty-five per cent was in fact actually retained.</p> <p>Mechanics’ Liens.—When the Building Contract Provides for payments as the work progresses, payments made when the work has been substantially finished to the required stages cannot be considered premature, so as to subject the owner to liability to materialmen to the additional extent of the payments so made.</p> <p>Bond—Necessity of All Parties Signing.—Where a bond is in form joint and several, the failure of all the parties named in the instrument as obligors to sign the bond does not render it void.</p> <p>Mechanics’ Liens.—An Allowance of Attorneys’ Fees in an action to enforce mechanics’ liens will not be set aside as insufficient unless clearly unreasonable,</p>