West Coast Lumber Co. v. Newkirk

Citations

• 80 Cal. 275
• 22 P. 231
• 1889 Cal. LEXIS 903

Syllabus

<p>Mechanic’s Lien — Claim of Lien—Name of Owner. — Section 1187 of the Code of Civil Procedure requires the claimant of a mechanic’s lien to state the name of the owner or reputed owner, if known, of the property to be charged with the lien; but if the names are not known, the claim filed is sufficient under the statute if it is silent upon the subject. If a claim filed against the owner of a house and of a leasehold interest by name states that the owner of the fee is unknown, the claim is not bad because not specifically stating that the name of the reputed owner of the fee was not known.</p> <p>Id. — Foreclosure of Lien — Pleading — Notice — Defense. — A complaint foreclosing a mechanic’s lien sufficiently avers notice to the owner of the land of the construction of the building if it alleges that the building was constructed upon said land with the knowledge of each of said defendants, the owner of the land being one of the defendants. It is not necessary that the complaint should aver that the owner did not give notice that he would not be responsible for the construction of the building, such notice, if given under section 1192 of the Code of Civil Procedure, being matter of defense to be set up by defendant. -</p> <p>Id.—Liability of Owner — Construction of Code. — Sections 1185 and 1192 of the Code of Civil Procedure must be construed together harmoniously if possible, and while the first charges the holder of a leasehold interest with a lien only to the extent of his interest, the latter adds a provision that if the building is constructed with the knowledge of • the owner of the fee, it must be held to have been constructed at his instance, so as to charge his estate with the lien, unless he gives notice as therein provided that he will not be responsible therefor.</p> <p>Id. —Value of Materials — Cartage. — Cartage, which is a portion of the cost of materials furnished for the construction of a building, may be properly allowed as part of the value of th