Hallett v. Phillips

Citations

• 73 Wash. 457
• 132 P. 51
• 1913 Wash. LEXIS 1621

Syllabus

<p>Mechanics’ Liens — Duplicate Statements — Materials Furnished by Subcontractors. Subcontractors furnishing material and doing work in the construction of a building must, as a condition precedent to the right to a lien, deliver or mail to the owner duplicate statements of the materials at the time they are furnished, as required by Rem. & Bal. Code, § 1133, of “every person” furnishing materials at the “time they are delivered to any person or contract- or;” and it is not sufficient to mail one statement after the completion of the work.</p> <p>Same — Enforcement—Defective Notices. Where there was no evidence to show what proportion of a lien was for labor, the entire lien for labor and material must fail where the necessary notice of the material was not given.</p> <p>Appeal — Review—Findings. Findings on conflicting evidence, by a trial judge who heard the witnesses, will not be disturbed if supported by the evidence.</p> <p>Mechanics’ Liens — Enforcement — Personal Judgment. Upon failing to establish a mechanics’ lien, it is proper to enter a personal judgment against the owner in favor of one who was properly brought into the action at the instance of the owner, and to whom the owner was personally liable for materials purchased.</p>