San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1893-01-19
LAW BRIEFS.

vented.-Where person con-
tracts with another to do work
and furnish materials, and the lat.
ter prevents his completing the
work though the contract was
entire, he may recover the value
of the labor done and materials
furnished and used.-Joyce VS..
White. Supreme Court of Califor.
mia. 80 Pac. Rep. 524.
Effect on Contract of Agree
ment for Additional Work.-An
agreement indorsed on a building
contract by the owner and con.
tractor, providing for additional
work for additional compensation,
is not such an alteration of the
contract as will release the con-
tractors sureties. VS..
Alsip. Supreme Court of Penn.
sylvania. "a At. Rep. 1867.
Acquisition Of Homestead
Where a person sold his home
stead, and occupied other premis.
es as his home, with continuing
intention to make the latter his
home by purchase, which he
effected, his homestead right
vested simultaneously with his
acquisition of the property, and
was not subject to a prior judge.
ment.Iien. Freiberg VS.. Walzem.
Supreme Court of Texas. 20 s..
w. Rep. 60.
Concluviness of Architects
Certifcate.-Where it is stipulat.
ed in a contract for the erection
of a house that it shall be built
according to the plans, and to the
satisfaction" of the architect,
his certificate that he acceps the
work as done in accordance with
the plans and specifications is
conclusive on the owners, and
cannot be contradicted by them.
Kennedy vs.. Poor. Supreme
Court of Pennsylvania. 25 At.
Rep. 119.
Right of Mortgage to Rents
Upon a foreclosure of a mort
gage of real estate under thepOw-
or of sale it ceases to be a secur.
ity for a debt, and the rights of
the mortgagOr and purchaser are
to be measured by the statute,
and not by anything 10 the mort.
gage, so that, though it pledges
the rents, the purchaser is not
entitled to them during the year
for redemption.-Pioneer Savings
& Loan Co. VS.. Farnham. Su.
preme Court of Minnesota. 81
N. w. Rep. 697.
Extended Powers in Chattel
Mortgage for CreditOrs.-A chat
tel mortgage, authorizing the sale
of stock of goods by a trustee
for the benefit of creditors,
"either at wholesale, retail or in
Job lots, and in either or all of said
ways. so as to realize the money
therefor in the speediest way con.
sistant with the interest of all
concerned" is valid and does not
hinder and delay creditors so as
to be defective by providing only
for private sales, as it permits
either public or private sales.--
Simon We. Mcdonald. Supreme
Court of Texas. 20 s. w. Rep.
81.
When SubcOntractor's Lien At
taches.-Where a building is con.
structed under one entire contract
between the owner and the Origin.
al contractor, the liens of all sub
contractors, who furnished mate,
ial or performed labor for the
building at any time during the
process of construction, attach by
relation, as of the date of the
commencement of the work, and
are entitled to a preference over
a mortgage on the premises, exc
cuted by the owner subsequent
to that date.-Glass VS.. Freeberg,
Supreme Court of Minnesota. 81
n. w. Rep. 900. -.
Immaterial Error in Lien State
ment.-Under the California
statute, prescribing what notice
of claim of mechanics lien shall
contain, a statement of the date
of completion of the work not
being required, a mistake in stat
ing snch date will not effect the
lien where the complaint in all