Cascade Boom Co. v. McNeeley Logging Co.

Citations

• 37 Wash. 203
• 79 P. 793
• 1905 Wash. LEXIS 702

Syllabus

<p>Logs and Logging — Lien for Boomage Charges — Evidence of Agreement for — Sufficiency. Where a boom company’s boom was broken, and it was bung by a logging company, 'whose logs were thereupon caught therein, findings that there was no request or contract to catch and hold the logs and consequently no lien for the boomage charges, are sustained where there was evidence that the president of the boom company gave the manager of the logging company permission to hang and use the boom without charge, and the fact that the president was without authority so to do is immaterial since there was no request or contract for boomage services.</p> <p>Same — Failure of Lien — Rental Value of Boom Used— Pleading and Proof. In an action to’ foreclose a lien on logs for boomage charges, where it appears that the boom company performed no services, but its boom was bung and used by defendant, there can be no recovery for the rental value of the boom, upon plaintiff’s failure to establish the lien, when there is nothing in the complaint on which to base such claim, and no evidence, to show such rental value.</p>