The record-union., 1899-07-09
SUPREME COURT DECISIONS.
SYLLABI.
Is. F., No. 1902 department Two
Filed July g. 1S99)


Filed July 6, 1899
Daniel Wilson, assignee, appellant;
Dennie F. Nugent, respondent. Con-
tract. Reversed.
The statute authorizing the owner to
retain % per cent of the contract price
in order to pay off and discharge heirs
was designed both for the protection
Of the owner and Of laborers, mater
ialmen and holders of valid, liens. If
such liens are filed the owner has the
right to retain the amount in his hands
for his own protection, for the purpose
of paying off and discharging such,
liens as may be valid and to charge
the amount so paid to the contractor.
Held, however, that while he has the
right to use the funds in accordance
with law to protect his property from
valid liens, he cannot himself pass
upon their validity, except at his own
peril. He can protect himself by de-
posting the money in court and let the
court determine the validity of the
liens and the rights of the contractor.
The notice of lien must contain
statement of the terms, time given and
conditions of the contract This state
ment must not only be made, but it
must be true.
Where the notice of lien states that
the claimant was to be paid for the
labor done and materials furnished at
their reasonable worth, and the evil
dence shows that the claimant had an
express contract, the variance is fatal,
and the claimant cannot recover.
Is. F., No. 1,391-Departmen - Two
Filed July 6, 1899
Estate of Hiram A. Pearson, de-
ceased. DEGREES of final distribution
settling executors final account af-
firmed
Affirmed on authority of in re Pear
sons, 113 Cal, 577.
q. A., No. 4s7-Department One
Filed July Z, 1899)
Thomas H. Clark, appellant; Charles
w. Allen, respondent Action to re-
cover commissions for exchange of
real estate. Affirmed.
Where the evidence is at all conflict
ing the Appellate Court will not dis
turb an order granting a new trial
upon the insufficiency of the evidence
to support the findings
An employment to find a purchaser,
and an allegation that a purchaser
was found is satisfied by evidence that
a party was found with whom the
contracting party exchanged lands
There are circumstances where a
party may act for two persons and
charge compensation from both for his
services. If the duty of a broker is
simply to bring together two men who
desire to exchange their lands and the
brokers' entire duty is performed when
he has brought the men together, there
is nothing against good morals and a
sound public policy in allowing COM
pensation to the broker from each of
the parties.
Sac, No. 5S1-Department Two-Filed
July Z, 1S99)
c. H. Darrough, appellant; Herbert
Kraft Company Bank ct al, respond
ents. Reversed.
A junior lien-holder can derive no
advantage over a senior lien where
suxh senior lien has been paid off and
Cancelled by the owner OF the prem
ises to which the liens attached with
out actual knowledge on the part OF
SuCu OWHeT Ol lue SAiSleuce Oh Sucn
junior lien; and it will be presumed
that such owner made the payment
for his own benefit and not for the
benefit of the junior lien-holder, and
for the protection of his interests
equity will treat such owner as the
assignee of the original senior lien
holder, and will revive and enforce
such senior lien for his benefit. Held,
also that the doctrines of equity are
applicable to trust deeds given to se-
cure the payment of promissory notes,
as well as to mortgage liens.
Klondike Paying Dirt.
81 understand you made fortune
in the Klondike?"
"Yes, I struck paying dirt almost as
soon as I arrived and I'm now worth
few millions
Where is your mine located?"