Bradley v. Donovan-Pattison Realty Co.

Citations

• 84 Wash. 654
• 147 P. 421
• 1915 Wash. LEXIS 817

Syllabus

<p>Mechanics’ Irens — Operation—Priority by Relation. A temporary cessation of work, where the design of the performance is not abandoned and work is subsequently resumed and prosecuted without any substantial change in the plan, will not prevent relation back of a mechanics’ lien to the time of the original commencement of work, in view of Rem. & Bal. Code, § 1147, which declares that the provisions of the mechanics’ lien law shall be liberally construed with a view to effect their objects.</p> <p>Appeal and Error — Review—Findings op Trial Court — Conclusiveness. The findings of a trial judge, who personally saw and heard the witnesses, will not be disturbed on appeal where the appellate court is not able to say that such findings are clearly not supported by the weight of the evidence, even if contrary to the majority of the witnesses.</p> <p>Appeal and Error — Right to Review — Waiver op Error — Consent. An allowance of an attorney’s fee of $75 upon decreeing foreclosure of a lien for $86 will not be disturbed on appeal, where the parties had stipulated that, in the event the court ■ should find in favor of the plaintiffs, or either of them, the attorney’s fee allowed should he $75.</p> <p>Appeal and Error — Determination—Liability op Trustee — Judgment — Reformation. A decree foreclosing mechanics’ liens against a bankrupt corporation’s estate is not invalid as a personal judgment against the trustee in bankruptcy, merely from the fact that it reads against an individual “as trustee for said corporation,” when from a reading of the whole decree it is evident no personal judgment was intended; but, in the interest of certainty, it should be amended to read “against the estate and assets” of the bankrupt.</p>