Hayes v. Khinoo

PLUMMER, J. The plaintiffs began this action to obtain payment of the alleged reasonable value of certain work and labor performed under the terms of a written contract. [573]Judgment was entered in favor of the plaintiffs for the sum found to be due as the reasonable value of the work and labor performed, and also adjudging that the plaintiffs were entitled to a lien* upon the real property mentioned in the complaint. The material portion of the complaint which contains a copy of the contract which is necessary to be considered herein, is as follows:

“This agreement made this 5th day of December, 1931, by and between Y. Khinoo, party of the first part and hereinafter called the Owner, and G-. W. Hayes and T. J. Hayes, parties of the second part, and hereinafter called the contractors,

“Witnesseth: That the said Owner hereby employs and engages the said Contractors to grade, check, level, ditch and prepare for cultivation and irrigation all of the land on his ranch not occupied by buildings and improvements lying 3 y2 miles west and % mile south of Turlock, California, and consisting of approximately 40 acres.

“Said Contractors agree to do all work in conformity to a survey and profile which has been furnished them by the Owner and made by Elmer Wieklund, a surveyor, and it is agreed that all of said work shall be done under the supervision and direction of said surveyor. Said Contractors agree to begin said work on or before December 10, 1931, and to prosecute the work diligently until completed; and agree to complete the same on or before February 1, 1932. They agree also to do all of said work in good and workmanlike manner and to prepare the land according to the usage and custom of the best farmers in the vicinity of the land.

“Said Owner agrees to pay a total consideration of $797.50 for the completed job and to pay the same in instalments as follows: When the engineer certified that % of the work has been completed according to the contract to pay 65% of % of the price, and it is agreed that the note of G-. W. Hayes to the first party shall be accepted as part payment on this first installment; and that when % has been completed and certified by the engineer, to pay an additional sum up to 65% of % of the consideration; and when the whole job is completed, to pay the balance of said contract.

[574]