Blackman v. Marsicano

California Supreme Court November 2, 1882

Blackman v. Marsicano, 61 Cal. 638 (Cal. 1882)

1882 Cal. LEXIS 681

Opinion of the Court

The Court :

The claim of lien in this case, in stating the terms, time given, and conditions of the contract, used the words, “ cash upon demand, in gold coin of the United States.” This was a substantial compliance with the requirement of the statute. The case of Hooper v. Flood (54 Cal. 221) presented a statement quite different in effect from that here presented.

Judgment and order reversed, and cause remanded for a new trial.

Reference

Full Case Name: A. BLACKMAN v. P. MARSICANO
Cited By: 3 cases
Status: Published
Syllabus: Mechanic’s Lien—Claim of Lien.—The claim of lien in this case, in stating the terms, time given, and conditions of the contract, used the words ‘ ‘ cash upon demand, in gold coin of the United States.” Held: A substantial compliance with the requirements of the statute. Id.— Id.— Case Distinguished.—Hooper v. Flood, 54 Cal. 221, distinguished.