Civil Code, Code of Civil Procedure, Penal Code, General Code Provisions

Civil Code, Code of Civil Procedure, Penal Code, General Code Provisions

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ... and contract entered into between the owner and the builder. Valley Lumber Co. Ltd. v. Nickerson (1907) 13 I. 682, 683, 93 P. 24. Liciiablc items: A lien may be filed to secure profits upon a contract when such profits are included in the contract. Naylor v. Lewiston etc. Ry. Co. (1908) 14 I. 789. 96 P. 573. A charge for the use of tools in construction work. for which the employer agrees to pay, is a lienable item. Ib. Services performed as superintendent in superintending the construction of railroad work constitutes a lienable item. Ib. A person employed as foreman and watchman of a mine does not perform services of a professional or supervisory character, so as to preclude him from being entitled to a lien for his services under this section. Ida. M. etc. Co. v. Davis (1903) 123 F. 396, 59 C. C. A. 200. Lien will be allowed for material furnished and actually used and consumed in the construction of the building or other structure, irrespective of the fact that such use and consumption may not be in the main building or structure itself, but was necessarily incident to the carrying on of the principal work and discharging the contract. Chamberlain v. Lewiston (1912) 23 I. 154, 129 P. 1069. A lien can not be allowed for tools and appliances which are the property of the contractors and may be used from time to time in other works and upon other contracts, and which are not consumed in the work or which do not go as a part of the building or improvement and necessarily enter therein. Ninneman v. Lewiston (1912) 23 I. 169, 129 P. 1073. 'al'er of lien: Vhcre credit is given to a party in possession of a mining claim under an option to purchase and not to the owner, no lien is enforceable against the owner or his property. Steel v. more

Product details

  • Paperback | 822 pages
  • 189 x 246 x 41mm | 1,438g
  • United States
  • English
  • black & white illustrations
  • 1236880013
  • 9781236880017