Houghton v. Blake

California Supreme Court

Houghton v. Blake

5 Cal. 240, 1855 Cal. LEXIS 93

California Supreme Court·Decided July 1, 1855·Published·Cited by 12 cases

Opinion

Heydenfeldt, J., delivered the opinion of the Court.

Murray, C. J., concurred.

We held in Bottomly v. Grace Church, 2 Cal., 90, that to enable a material man to enforce a lien upon a building for materials furnished, it must be alleged and proved not only that the materials have [241]*241been used in the construction of the building, but they must have been, by the express terms of the contract, furnished for the particular building on which the lien is claimed.

Testing this case by the doctrine of that decision, the facts set out in the complaint are wholly insufficient to entitle the plaintiff to the relief which he seeks.

The judgment is affirmed.

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Heydenfeldt, J., delivered the opinion of the Court.

Murray, C. J., concurred.

We held in Bottomly v. Grace Church, 2 Cal., 90, that to enable a material man to enforce a lien upon a building for materials furnished, it must be alleged and proved not only that the materials have [241]*241been used in the construction of the building, but they must have been, by the express terms of the contract, furnished for the particular building on which the lien is claimed.

Testing this case by the doctrine of that decision, the facts set out in the complaint are wholly insufficient to entitle the plaintiff to the relief which he seeks.

The judgment is affirmed.

Houghton v. Blake, 5 Cal. 240, 1855 Cal. LEXIS 93 (Cal. 1855).

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Opinion

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