Webb v. Kuns

Citations

• 6 Cal. Unrep. 97
• 54 P. 78
• 1898 Cal. LEXIS 1073

Syllabus

<p>Work and Labor—Pleadings and Findings.—A complaint alleged that plaintiff was to be paid a reasonable sum for extra work as to a certain contract, and also the performance of the work. The finding showed the performance of the work, its acceptance by defendants on a certain day, and that “defendants agreed to pay therefor the sum of ten dollars.” Held, that the finding was not that the work was done for an agreed price; hence there was no variance.</p> <p>Mechanic’s Lien.—In an Action to Foreclose a Mechanic’s Lien, a mistake in the complaint in regard to the terms of the contract, as to time of payment, where the contract, the notice of lien, and the findings show the facts, is immaterial.</p>