Turner v. Strenzel

Citations

• 70 Cal. 28
• 11 P. 389
• 1886 Cal. LEXIS 716

Syllabus

<p>Mechanic’s Lien—Material-man—Liability of Owner of Butldinq, — A material-man who has furnished materials to the original contractor of a building, to be used by him in its construction, is only entitled to be paid therefor by the owner of the building from that portion of the contract price which remains due and unpaid to the contractor by the owner when the lien for the materials was filed.</p> <p>Id. — Action to Enforce Lien—Necessary Averments—Insufficient Complaint. — The complaint in an action to enforce the lien of a material-man is insufficient if it fails to allege that anything was due from the owner to the original contractor when the lien was filed, notwithstanding it alleges that during the construction of the building the owner compelled the contractor to abandon the work, took possession of the building, completed it, used the materials furnished the contractor in its completion, and withholds from the contractor a large portion of the contract price.</p>