D. C. MATTESON, Appellant, v. EQUITABLE MINING AND MILLING COMPANY, Respondent, 143 Cal. 436

Summary

A vendor erected a quartz mill on the mine of the vendee under a written contract. The contract provided that the structures built under the contract would be considered as personal property and, upon non-payment, the vendor could enter the property and remove the structures. Four years after the completion of the mill, a large portion of the contract price was overdue and unpaid. The vendor assigned its rights to the assignee. The assignee caused the mill and appurtenances to be sold at public auction, credited the amount realized as a payment on the contract, and brought this action to recover the balance remaining due. The superior court made findings to this effect but entered judgment in favor of the vendee. Reversing, the court held that the assignee of the vendor had a right to the possession of the property which the vendee could not dispute, which gave the assignee a lien upon it for the balance unpaid of the purchase price that he could enforce in the same manner as in case ...