65 Cal. 353, 7,805, O'Donnell v. Kramer
|Citation:||65 Cal. 353, 4 P. 204|
|Party Name:||JAMES O'DONNELL ET AL., RESPONDENTS, v. HENRY KRAMER AND THE BENICIA WATER CO., APPELLANTS|
|Attorney:||L. B. Mizner, and George A. Lamont, for Appellants. Joseph McKenna, for Respondents.|
|Case Date:||June 28, 1884|
|Court:||Supreme Court of California|
APPEAL from a judgment of the Superior Court of Solano County.
The defendant Kramer was a contractor, and agreed with the defendant, the Benicia Water Co., to construct a reservoir, but before the completion of the contract abandoned the work. Kramer was indebted to the plaintiffs for work done on the reservoir, and each filed a lien on the property of the defendant.
The action was brought to enforce the lien.
The remaining facts are stated in the opinion of the court.
Action to enforce laborers' liens. The complaint did not aver that any money was due the contractor, but the answer presented that issue, and the court found thereon. We therefore think the case is within section 580 of the Code of Civil Procedure. The court found that the amount due the contractor when he abandoned the contract was one hundred and ninety dollars, but gave judgments for plaintiffs for the full amount due them. This...
To continue readingFREE SIGN UP