Belknap Glass Co. v. Kelleher

Citations

• 72 Wash. 529
• 130 P. 1123
• 1913 Wash. LEXIS 1505

Syllabus

<p>Trial — Objections — Demurrer Ore Tenus — Decision. Defendants have the right to rest upon a demurrer ore tenus on the ground that the complaint does not state sufficient facts, even after issue Joined by answer; and the court may defer ruling thereon, and sustain the demurrer at the close of the evidence, if proof of the necessary facts be not produced.</p> <p>Mechanics’ Liens — Foreclosure—Relationship—Allegation and Proof — Necessity. The complaint or proof in an action to foreclose a materialman’s lien must show the relationship between the owners of the property and the persons ordering or contracting for the materials furnished, under Rem. & Bal. Code, § 1129, requiring that the materials be furnished either at the instance of the owner, or his agents or contractors, architects, builders, or persons having charge of the construction.</p>