Chavelle v. Island Gun Club

Citations

• 77 Wash. 304
• 137 P. 511
• 1914 Wash. LEXIS 893

Syllabus

<p>Mechanics’ Liens — Persons Entitled — ’“Contractors”—Subcontractors — Statutes—Construction. A subcontractor, a dredging company, furnishing a dredger and doing dredging work upon a dyke at so much per day, under an oral contract with the principal contractor, is entitled to a lien for the amount of his contract price, under Rem. & Bal. Code, § 1129, according a lien to every person performing labor or furnishing materials for certain structures (including dykes), and Id., §1139, providing that the “contractor” shall be entitled to recover only the amount due on his contract, after deducting all other claims for labor performed or materials furnished, and Id., § 1141, classifying lien claimants, and fixing their rank or order of payment, as follows: (1) laborers, (2) materialmen, (3) subcontractors, and (4) contractors; since 'it was the intention to provide a lien for every person furnishing material going directly into the structure or performing labor upon it, and “contractor” is used in its generic sense and includes subcontractors as well as the principal contractors.</p> <p>Same — Subcontractors—Contracts—Payment by Day. The fact that a subcontractor is to be paid by the day does not affect his right to a lien for the amount due according to the terms of his contract.</p> <p>Same — Notice op Lien — Subcontractors. Under Rem. & Bal. Code, § 1147, requiring the lien laws to be liberally construed, a subcontractor’s notice of lien is not void by reason of failing to designate him as a subcontractor, eo nomine, where the facts alleged showed his relation.</p> <p>Same — Subcontractors—Amount op Claim. „ subcontractor’s lien for the amount due under the terms of his contract cannot be sustained for a sum in excess of the amount of the principal contract price.</p> <p>Same — Property Lienable — Separate Interests. Where several parties were interested in the real estate, which was under contract of sale, only the interests of the purchasers are subject to a mechan