Washburn v. Kahler

Citations

• 97 Cal. 58
• 31 P. 741
• 1892 Cal. LEXIS 756

Syllabus

<p>Mechanics’ Liens — Payments to Contractor — Recitals in Receipts to Material-man — Plea of Estoppel — Findings. — Where the answer in an action to foreclose a mechanic’s lien for materials furnished in the alteration of a building pleaded by way of estoppel that the defendant, relying upon the recitals in receipted bills of the plaintiff, made the last payment to the contractor, where it appears that the plaintiffs furnished the receipted bills for the purpose of assisting the contractor in securing his certificate from the architect that the last payment was due, though in fact the money had not been paid to plaintiff, it is not error to fail to find upon the plea of estoppel, where it further appears that a large part of the contract price was payable under other certificates not depending upon the false recitals, and where the court has found that defendant in fact paid no money upon the certificate of the architect.</p> <p>Id.—Time of Completion of Building — Certificate of Architect — Finding against Evidence. — Where a contract for the alteration of a building provided for a payment to the contractor when all the work was complete and accepted by the architect, “ provided that at the making of any payment the said contractor shall produce receipted bills for all materials and labor furnished by him to the architect before any certificate is given for the said payment,” a certificate of the architect, issued in compliance therewith, that the building “is now finished as per contract,” and that the contractor “is now entitled to the last and final payment, ” is not evidence of the time of the completion of the building; and where it appears from the testimony of the contractor that the building was in fact completed some ten days before the date of the certificate, a finding that the building was completed upon the date of the certificate will be set aside, as not supported by the evidence.</p>