Bailey Ornamental Iron Co. v. Goldschmidt
Before: Conrey
Synopsis
Mechanic’s Lien—Improvement not Exceeding One Thousand Dollars—Law Prior to Code Amendments op 1911.—At all times prior to the amendments of sections 1183 and 1184 of the Code of Civil Procedure, which became effective on June 30, 1911, the law permitted an owner of real property, in causing the construction of any improvement thereon at a cost of not more than one thousand dollars, to provide for such improvement by a contract not filed in the recorder’s office, or even by an oral contract, and to pay the consideration therefor whenever it pleased him to do so; and the provisions of such code with reference to putting in writing building contracts, and filing them for record, and as to the mode and time of payment and the withholding of a percentage of the contract price, were not applicable to such an improvement.
In.—Oral Contract Under One Thousand Dollars—Execution Prior to Code Amendments—Performance Subsequent—Amendments Inapplicable.—The amendments of 1913 to sections 1183 and 1184 of the Code of Civil Procedure are not applicable to an oral contract for the construction of a balcony on á dwelling entered into prior to the date that such amendments became effective, where the amount of the contract price was less than one thousand dollars, although the work was not commenced until after such amendments became effective.
Id.—Eight of Lien—Statutory Enactment Essential.—The declaration of article XX, section 15, of the constitution that mechanics, materialmen, artisans, and laborers of every class shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished, and that the legislature should provide, by law, for the speedy and efficient enforcement of such liens, is inoperative except as supplemented by legislative action, and until the enactment of the necessary statute the lien contemplated by the constitution does not exist.
CONREY, P. J.
Action to enforce a mechanic’s lien claimed by the plaintiff. The plaintiff appeals from the judgment.
In March, 1911, the defendant Emma M. Goldschmidt, being about to cause the erection of a dwelling-house on land owned by her in the city of Los Angeles, entered into an oral contract with the Imperial Iron & Machine Company, under which that company agreed to construct for her a certain iron balcony as a part of the proposed building. The price for the work was to be $268; no time for the payment being named in the agreement. Mrs. Goldschmidt paid an installment of this price on May 18 and the remainder thereof on June 3, 1911, although at those times none of the work had been done. On June 26, 1911, the Imperial Iron & Machine Company entered into an oral contract with the plaintiff for the construction of said balcony. The work was commenced by the plaintiff on the seventh day of July and completed on the sixteenth day of August, 1911. Later the building was completed, and a notice of claim of lien in due form was filed for record by the plaintiff.
At all times prior to June 30, 1911, the law permitted the owner of real property, in causing the construction of any improvement thereon at a cost of not more than one thousand dollars, to provide for such improvement by a contract not filed in the recorder’s office, or even by an oral contract, and to pay the consideration therefor whenever it pleased him to do so,- and the provisions of the Code of Civil Procedure with reference to putting in writing building contracts, and filing them for record, and the provisions of that code relative to the mode and time of payment and the withholding of a percentage of the contract price, were not applicable thereto. “It was permissible for the parties to contract for the payment of the whole amount to the contractor before the commencement of the work. ’ ’
(Denison
v.
Burrell,
119 Cal. 180,
[663]
[51 Pac. 1];
Southern California Lumber Co.
v.
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