Cornelius v. Washington Steam Laundry

Citations

• 52 Wash. 272
• 100 P. 727
• 1909 Wash. LEXIS 1107

Syllabus

<p>Mechanics’ Liens — Notice—Verification—Defects—Amendment on Appeal. That the verification of a lien notice stated the notice to be “true” instead of “just” goes to the form rather than the substance, and is without prejudice and will be considered amended on appeal, where the record fails to show that the defect was pointed out below.</p> <p>Same — Pleadings—I s sues — Lien Notice — Amendment—Appeal— Objections. Where the complaint alleges the due execution and filing of a claim for lien, attached to and made a part of the complaint, and the answer does not deny the execution and admits the filing, the perfection of the lien is an admitted fact; since the lien may be amended and all objections to its sufficiency must be raised below at the time it is offered.</p> <p>Same — Foreclosure—Evidence of Debt. In an action to foreclose a mechanics’ lien there is sufficient evidence of the debt and that it was due, where the parties had agreed that a certain part of it was due, the balance to be adjusted on final settlement.</p> <p>Same — Defenses—Payment by Note — Evidence — Sufficiency. In an action to foreclose a mechanics’ lien, findings that the debt was not paid by a note are sustained, where there was testimony that the note was only given that the claimants might negotiate it if possible, and was returned by them next day and left on refusal to accept the return, and that it was sent back to claimants by mail the next day, since which both parties disclaim knowledge or possession of it, although there was conflicting evidence.</p> <p>Same — Defenses—Leasehold—Personalty. In the foreclosure of a mechanics’ lien upon a building constructed by the defendant holding a leasehold interest, the defendant cannot raise the question that part of the labor and material furnished is personalty and not subject to a lien; as the lien is subject to the lease, and whatever is done becomes part of the leasehold.</p> <p>Same — Items Lienable — Profit on Labor. The judgment on a lie