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Holland v. Wilson

Supreme Court of California
Jun 7, 1888
76 Cal. 434 (Cal. 1888)

Opinion

         Appeal from a judgment of the Superior Court of San Diego County.

         COUNSEL:

         The statute does not require that the plans and specifications should be filed. (Code Civ. Proc., secs. 1183, 1184; Budd v. Lucky , 28 N. J. L. 484.)

         M. A. Luce, for Appellant.

          Collier & Collier, for Respondent.


         The plans and specifications formed part of the contract, and should have been filed. (Code Civ. Proc., secs. 1183, 1184; Phillips on Mechanics' Liens, sec. 363; Babbitt v. Condon , 27 N. J. L. 162; Ayers v. Revere , 25 N. J. L. 474.)

         JUDGES: In Bank. Thornton, J. Searls, C. J., Sharpstein, J., McFarland, J., McKinstry, J., and Paterson, J., concurred.

         OPINION

          THORNTON, Judge

         We think the court below ruled directly in sustaining the demurrer to the portion of the answer numbered 3. The "plans and specifications" referred to in the agreement were a part of the contract, and should have been filed in the recorder's office under section 1183 of the Code of Civil Procedure.

          [18 P. 413] The averment as to filing is insufficient, in failing to show that the plans and specifications were filed.

         Judgment affirmed.


Summaries of

Holland v. Wilson

Supreme Court of California
Jun 7, 1888
76 Cal. 434 (Cal. 1888)
Case details for

Holland v. Wilson

Case Details

Full title:J. C. HOLLAND, Respondent, v. WARREN WILSON, Appellant

Court:Supreme Court of California

Date published: Jun 7, 1888

Citations

76 Cal. 434 (Cal. 1888)
18 P. 412

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