Hinckley v. Field's Biscuit & Cracker Co.

De Haven, J. In the court below a demurrer to the complaint was sustained, and judgment thereupon entered in favor of the defendants. The plaintiffs appeal.

The question to be considered here is, whether the ruling of the court in sustaining the demurrer was correct. The demurrer was upon the general ground that the complaint did not state facts sufficient to constitute a cause of action, and also for ambiguity.

The allegations of the complaint, so far as necessary to be stated, are: That on February 28,1887, the defendant Field was the owner of record of the land upon which stands the building against which it is sought to enforce the lien, but that he held the same, in trust, for the Field’s Biscuit and Cracker Company, a defendant herein; that upon that day said Field entered into a contract with said company, whereby, in consideration of the issuance to him of eight hundred shares of its capital stock, he agreed to complete and deliver to the company, equipped and furnished with the latest improvements, a factory, to be constructed under his direction on said land, and as soon as completed, the same, with its appurtenances, to be conveyed to it; that immediately after the execution of this contract, the company issued and delivered to Field eight hundred shares of its capital stock, in full payment for said land, and for the building and machinery to be constructed thereon by him, and on November 5, 1887, the said Field conveyed to the company the land and improvements thereon. The complaint further avers that upon April 11, 1887, the said Field, “ as such contractor of and for the said defendant Field’s Biscuit and Cracker Company, employed plaintiffs herein to build, manufacture, and construct, at their own works, and deliver and put in place, upon foundations prepared by said Arthur Field, in said structure, building, and factory,” a steam plant, consisting of boilers, engine, heater, feed-pipes, etc., for the agreed price of five thousand six hundred dollars, and that said contract was duly performed by plaintiffs. It is not alleged that this contract was recorded, but it is averred [138]that the agreement between Field and the Field’s Biscuit and Cracker Company was never recorded.

Plaintiff’s claim of-lien was filed for record within the time given by law.

The respondents insist that Field was the owner of the property upon which a lien is claimed at the time he contracted with plaintiffs to furnish for said factory the steam plant referred to in the complaint; and as the price agreed upon to be paid therefor exceeded one thousand dollars, and the contract was not recorded, that the contract was wholly void, under section 1188 of the Code of Civil Procedure, and no recovery can be had by plaintiffs thereunder.