Willamette Steam Mills Co. v. Kremer

Citations

• 94 Cal. 205
• 29 P. 633
• 1891 Cal. LEXIS 981

Syllabus

<p>Mechanic’s Lien — Void Contract — Time for Piling Claim — Completion of Building — Previous Aooeptanoe. —Where a contract between the owner and a contractor for the erection of a building is void for want of filing in the recorder’s office before the work is commenced, a claim of lien for labor or materials may be filed at any time within thirty days after the actual completion of the building, irrespective of its previous acceptance and occupancy by the owner.</p> <p>Id.—Time of Completion — Question of Fact—Appeal—Conflicting Evidence. —The time of completion of a building which is sought to be subjected to a mechanic’s lien is a question of fact for the trial court to determine, and its determination will not be disturbed upon appeal, where the evidence upon the question is conflicting.</p> <p>Id. — “Trivial Imperfection” — Failure of Completion—Question of Fact. — Whether or not items of work done after the date at which the building is claimed to have been completed were to remedy “trivial imperfections,” is a question of fact for the trial conrt to determine. It cannot be said as matter of law that any failure of completion is a “trivial imperfection. ”</p> <p>Id. — Claim of Lien—Description of Property — Question of Fact. — A description in a claim of lien of the property sought to be charged need not be full and precise, but it is sufficient if it enables a party familiar with the locality to identify the premises intended to be described with reasonable certainty, to the exclusion of others. As a general rule, the sufficiency of the description is a question of fact to be determined by the trial court.</p> <p>Id. —False Description of Lot on Street Corner — Identification — Rejection of False Call. — Where a claim of lien stated that the materials had been furnished and used in a building which the owner had caused to be constructed “upon lot 6, in block 28, of the Huber tract, said lot being situate at the southwest corner of Hope and Eighth streets,” t