J.S. SCHIRM CO. v. ROLLINGWOOD HOMES CO.

Docket No. L.A. 25991.

56 Cal.2d 789 (1961)

366 P.2d 444

17 Cal. Rptr. 1

J.S. SCHIRM COMPANY OF ORANGE COUNTY, Plaintiff and Appellant, v. ROLLINGWOOD HOMES COMPANY, Defendant and Respondent.

Supreme Court of California. In Bank.

November 16, 1961.


Attorney(s) appearing for the Case

Brown & Brown and Maynard J. Brown for Plaintiff and Appellant.

Tuttle, Tuttle & Taylor and William A. Norris as Amici Curiae on behalf of Plaintiff and Appellant.

William Elliott Viney for Defendant and Respondent.


SCHAUER, J.

Plaintiff appeals from an adverse judgment in its suit to foreclose a claimed lien for materials furnished to certain houses constructed for defendant on the latter's land. For reasons which will appear we have concluded that the trial court erred in its determination that plaintiff had been paid in full for such materials, and that the judgment should be reversed.

Defendant Rollingwood Homes Company, hereinafter called Rollingwood, owner and developer...

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