Baker v. Yakima Valley Canal Co.

Citations

• 77 Wash. 70
• 137 P. 342
• 1913 Wash. LEXIS 1898

Syllabus

<p>Mechanics’ Liens — Persons Entitled — Subcontractor or Materialmen — Laborers Employed by Materialmen — Statutes—Construction. One who contracts to furnish, from his own screening plant, at so much per yard, all the sand and gravel needed for cement work by a contractor on an irrigating canal, is not a subcontractor, but a materialman, and men employed by and looking to him for their pay are not entitled to a lien as laborers performing work on the canal; in view of the distinction between subcontractors and materialmen made by Rem. & Bal. Code, § 1129, giving liens to every person performing labor upon or furnishing materials to be used in the construction of the canal, at the instance of the owner or his agent, and making contractors, subcontractors etc. agents of the owner; since no lien is accorded to laborers of materialmen, who are not made agents of the owner.</p> <p>Same — Materialmen—Necessity oe Notice — Subrogation. Unpaid laborers working for á materialman could not be subrogated to the right of a materialman's lien, where no notice in writing was given to the owner of the furnishing of the materials as required by 3 Rem. & Bal. Code, § 1133.</p> <p>Appeal — Review—Findings. In actions tried to the court there is a trial de novo on appeal, and the findings will be sustained only when supported by a fair preponderance oí the evidence.</p>