Willamette Steam Mills Lumbering & Manufacturing Co. v. Los Angeles College Co.

Citations

• 94 Cal. 229
• 29 P. 629
• 1892 Cal. LEXIS 669

Syllabus

<p>Mechanics’ Liens — Actions for Foreclosure — Consolidation of Actions—-Judgment. — After the consolidation of several actions for the foreclosure of different mechanics’ liens, as provided by section 1195 of the Code of Civil Procedure, the actions should he treated as a single action by the respective plaintiffs against the defendants, and the decision of the court should he embodied in a single set of findings, upon which a single judgment should he entered, directing a sale of the property affected by the liens, and the application of its proceeds to the satisfaction of the amounts due the respective lienors.</p> <p>Id. — Contract — Reference to Plans and Specifications —Filing of Contract. — Where a building contract provides that the contractor shall do the work contracted for according to certain drawings and specifications, which are referred to in the contract as being “hereto annexed,” the drawings and specifications are an essential part of the contract, and until they are so annexed the contract is merely inchoate, and cannot form the basis of a recovery between the parties thereto; and in order that such contract should be the measure of the respective rights and liabilities of the parties thereto, it is essential that such drawings and specifications should he filed in the recorder’s office, and a failure so to do destroys the validity of the contract.</p> <p>Id. — Memorandum of Contract. •—Under section 1183 of the Code of Civil Procedure as amended in 1887, the owner or the contractor could satisfy the requirements of the statute by filing either the contract or the memorandum provided by the section; if he filed the contract, he must file the whole of it, including the drawings and specifications, if they were made a part thereof, or if the memorandum were filed, it must contain all the matters required by the statute to be stated therein.</p> <p>Id.—Terms of Payment of Contract Price. — A provision in the contract for the payment of the contracto