Ellis-Mylroie Lumber Co. v. Bratt

Citations

• 119 Wash. 142
• 205 P. 398
• 1922 Wash. LEXIS 774

Syllabus

<p>Mechanics’ Liens (40-1) — Proceedings to Perfect — -Notice to Owner. A materialman’s notice of intention to the “owner” of the premises is sufficient where it was addressed to and received by Dr. W. as an individual who was president of, and had the general management of the owner, a corporation, and the building permit had been issued in his name.</p> <p>Same (65) — Claim of Lien — Amendment. Where a contractor had been doing business in the name of a construction company, a notice of intention to claim a lien for materials furnished at the request of such company may be amended at the trial to show that it was at the request of the contractor; the rule of liberal construction applying to notice of intention as well as to the notice of lien.</p> <p>Same (45, 47) — Claim of Lien — Ownership of Property. A materialman’s claim of lien sufficiently states the name of the owner or reputed owner, although it includes as owners two persons who have no interest in the property.</p> <p>Same (45, 54) — Claim of Lien — Designation of Contractor.- A materialman’s claim of lien sufficiently designates the person to whom the material was furnished although it gives the name of but one of the three contractors.</p> <p>Same (40-1) — Proceedings to Perfect — Notice to Owner. A notice of intention to claim a lien, addressed to the president of the owner in care of the architect for the building, and' by him received and delivered to the president, is sufficient.</p> <p>Same (55) — Notice—Terms of Contract. There is no merit in an objection to a lien notice because of no evidence of the terms of a subcontract, where the notice followed the requirements of the statute with the additional clause that one B. was a subcontractor, and the architect testified that the materials were furnished by the claimant.</p> <p>Same (32) — Right to Lien — Contractors—Services of Workman — Machines. A lien may be claimed by one who furnished to the contractors a sanding machine and a man to operate