Heston v. Martin
11 Cal. 41 | Cal. | 1858
Field J., conccurring.
This appeal is without merit, and it is apparent that the only point seriously urged by the appellant—to wit: that an account is necessary, giving the items of work and materials in the statement of lien filed— cannot be maintained in case of a contract for a sum in gross.
Judgment affirmed, with ten per cent, damages.