Cochran v. Yoho

Citations

• 34 Wash. 238
• 75 P. 815
• 1904 Wash. LEXIS 342

Syllabus

<p>Mechanics’ Liens — Foreclosure—Complaint—Contract Abandoned by One of Three Contractors — Performance by Others Accepted. A complaint for the foreclosure of a mechanics’ lien is not demurrable because it appears that one of the three original contractors withdrew from the contract before the work was commenced, where it is alleged that the other two contractors undertook the work and that plaintiff made partial payments to -them as the work progressed, and accepted part of the buildings when completed.</p> <p>Same — Owner Stopping Work by Ejecting Contractors— Damages — Evidence — Sufficiency — Findings When not Dis•tdrbed. A finding that the owner of premises forcibly ejected the contractors is sustained by evidence that he locked them out and informed them that one of the contractors would not be allowed to do any more work, because he was dissatisfied with the same, although afterwards the owner gave them written notice to proceed with the work, and the finding that the owner was not .justified in stopping the work will not he disturbed on conflicting evidence where the trial court had an opportunity to observe the witnesses.</p> <p>Same — Notice to Continue Work After Rescission of Con■tbact. By wrongfully stopping the work, the owner became liable to the contractors, and after treating the contract as rescinded they were not required to go back to work by receipt of the written notice.</p> <p>Same — Evidence of Damages to Contractors — Amount. Upon examination of the testimony an allowance for damages -to the ■contractors is reduced by certain credits to which the owner •appears entitled, ordering judgment for $413.38 instead of $482.10.</p>