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By the COURT. Action to foreclose a mechanic’s lien. There is no averment in the complaint that any sum was due from the Mendocino Flume & Mining Company, the owner, to Bellows the contractor; therefore the demurrer of the company to the complaint should have been sustained: Latson v. Nelson, 11 Pac. C. L. J. 589; Whittier v. Hollister, 64 Cal. 283, 30 Pac. 846.
The judgment, so far as it concerns the Mendocino Flume & Mining Company, is reversed, and the cause is remanded with directions to sustain the demurrer above referred to.
Document Info
Docket Number: No. 8714
Citation Numbers: 2 Cal. Unrep. 454, 6 P. 421
Filed Date: 3/24/1885
Precedential Status: Precedential
Modified Date: 1/12/2023