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5 Cal. 240

Houghton v. Blake

California Supreme Court

Decided July 1, 1855

California Supreme Court · decided 1855-07-01

<p>Appeal from the County Court of Solano County.</p>

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Decided 1855-07-01

How this case has been cited

Cited by 10 later decisions — most recently May 1992

1 district · 8 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Heydenfeldt, J., delivered the opinion of the Court.

¶1Murray, C. J., concurred.

¶2We held in Bottomly v. Grace Church, 2 Cal., 90, that to enable a material man to enforce a lien upon a building for materials furnished, it must be alleged and proved not only that the materials have *241been used in the construction of the building, but they must have been, by the express terms of the contract, furnished for the particular building on which the lien is claimed.

¶3Testing this case by the doctrine of that decision, the facts set out in the complaint are wholly insufficient to entitle the plaintiff to the relief which he seeks.

¶4The judgment is affirmed.

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