Yancy v. Morton

Citations

• 94 Cal. 558
• 29 P. 1111
• 1892 Cal. LEXIS 726

Syllabus

<p>Mechanics’ Liens — Foreclosure — Parties — Non-joinder of Contractors— Objection upon Appeal.—While the contractors are proper parties to an action by material-men to enforce their liens, they are not necessary parties, and the owner of the property cannot complain upon, appeal because they were not joined as co-defendants, where he has not asked the trial court for an order to have them so joined.</p> <p>Id. — Assumpsit against Owner of Building — Value of Materials Furnished — Invalid Contract — Pleading — Evidence. — In an action by a material-man to foreclose a lien under sections 1183 and 1184 of the Code of Civil Procedure, where the claimants sue for the value of the materials furnished at the special instance and request of the owner of the building, the contract with the original contractors being void, it is not necessary that the complaint should set out the original contract, and allege its invalidity; hut the plaintiff may show such matters in evidence.</p> <p>Id. —Illegality of Partnership Furnishing Materials — Estoppel of Owner of Building.— The owner of a building is estopped from setting up the illegality of the formation of a partnership by two corporations which furnished materials for thq building, in an action to foreclose a lien therefor, by an assignee of the partnership.</p> <p>Id.—Validity of Contract — Time of Payment of Last Twenty-five Per Cent — Optional Payment — Bond against Liens — Substantial Compliance with Statute. — A contract for the erection of a building is not rendered void because it provides that the balance of twenty-five per cent of the contract price shall be paid in thirty-five days after the completion of the building, but may be paid at any time between the date of completion and the thirty-five days in case the contractors show receipts, and give special bonds that all bills will be paid, and that no liens or other claims exist against the premises, such payment to he optional with the owner. Such provision of the