Wagner v. Hansen

Citations

• 103 Cal. 104
• 37 P. 195
• 1894 Cal. LEXIS 731

Syllabus

<p>Mechanic’s Lien—Claim of Lien—Statement of Terms of Contract A claim of lien which states that the claimant entered into a contract with the owners of the premises, whereby he was to furnish the labor and materials for the brickwork and foundation and extra work, upon a contract for the brickwork and foundation of a building, for which he was “to receive, upon said completion of said work, the sum of one hundred and sixty-three dollars in United States gold coin for said extra work,” but which does not contain any account of services rendered, and no other statement of the nature of plaintiff’s demand, does not contain a true statement of the terms of the contract as required by section 1187 of the Code of Civil Procedure, and such statement invalidates the lien. .</p> <p>jD,_Variance in Proof as to Contract.—Where the complaint to foreclose the lien alleged, and the claim of lien stated, that the work was done under a contract by which the claimant was employed to do the work at an agreed price, but the evidence of the plaintiff showed that, except as to one small item, there was no agreed price for any of the work, the variance is fatal, and a nonsuit should have been granted.</p> <p>Id.—Substantial Compliance With Statute Essential.—In order to entitle a mechanic or materialman to a lien upon premises for labor performed thereon or materials furnished he must substantially comply with all of the requirements of the statute as to his statement of lien.</p>