McCants v. Bush
Before: McKinstry
Synopsis
Mechanic’s Lien—Subcontractor—Lien for Balance Due—Liability of Owner.—Prior to the amendments of March 18, 1885, to the sections of the Code of Civil Procedure regulating the liens of mechanics, a notice by a subcontractor to the owner of a building which is being constructed that a balance is'due him on his subcontract from the original contractor does not impose on the owner the duty of retaining a portion of the contract price to satisfy any lien which the subcontractor might subsequently file.
McKinstry, J. The facts on which the plaintiff sought to recover in this action all occurred before the amendments to the chapter of the Codé of Civil Procedure treating of the “Liens of Mechanics,” which were adopted March 18, 1885.
We agree with the court below that as the law then stood the service of the notice of the 16th of October, 1884, set forth in complaint, did not affect the rights of the parties, nor impose on defendant Bush the duty of retaining a portion of the contract price to satisfy any lien which the plaintiff might subsequently file.
Judgment affirmed.
Myrick, J., and Ross,.J., concurred.
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