Wilson v. Hind

Citations

• 113 Cal. 357
• 45 P. 695
• 1896 Cal. LEXIS 793

Syllabus

<p>Mechanics’ Liens—Materials Furnished to Materialman.—One who has a contract with the contractor to furnish all the mill work required for the erection of a building, consisting of manufactured material to be delivered at the building, is a materialman only, and not a subcontractor, and one who furnishes doors, sashes, blinds, and other stock material to such materialman cannot claim a lien upon the building for the materials so furnished.</p> <p>Id.—Material Variance as to Contract.—Where the notice of lien states that the contract was that the claimant of the lien was to be paid what the materials were reasonably worth, and that the subcontractor was to deliver to the claimant, upon acceptance of the building, an order for the amount due, to be accepted by the original contractor and the owner of the building, and the evidence was that the person named as subcontractor bought the materials at a fixed price, without any agreement as to an order, or as to payment from the contract price, there is a material variance as to the contract.</p>