Sweeney v. Meyer

Citations

• 124 Cal. 512
• 57 P. 479
• 1899 Cal. LEXIS 1026

Syllabus

<p>Mechanics’ Liens—Premature Payments under Contract—Notice.— Under section 1184 of the Code of Civil Procedure, payments made for the contractor before they are due are invalid for the purpose of diminishing, defeating, or discharging any lien in favor of mechanics and materialmen; and no notice is required to render the owner liable for liens to the extent of such premature payments.</p> <p>Id.—Claim for Extra Work—Pleading—Proof.—A claim for extra work cannot be enforced as a lien, unless there are special allegations in the complaint and corresponding proof as to what constitutes the extra work. A mere general averment and proof of the amount or value of extra work is insufficient.</p> <p>Id.—Allowance op Attorney’s Fees—Discretion.—The discretion of the trial judge in fixing the amount of attorney’s fees and apportioning the amount between the respective claimants of liens will not be disturbed upon appeal where there is no such abuse of discretion as to warrant interference therewith.</p>