Heim v. Elliott

Citations

• 66 Wash. 361
• 119 P. 826
• 1911 Wash. LEXIS 1075

Syllabus

<p>Mechanics’ Liens — Claims—Notice—Duplicate Statements— Materials. Subcontractors furnishing the materials and doing the work of putting down hard wood floors in a building and installing a plumbing and heating plant must deliver duplicate statements of the materials furnished at the time the same are delivered, in order to obtain a lien for the material, under Rem. & Bal. Code, § 1133, providing that “every person” furnishing material to be used in the construction of a building deliver duplicate statements thereof to the owner.</p> <p>Same — Duplicate Statements — Labor. Subcontractors furnishing material and doing work in the putting down of hard wood floors and installing plumbing and heating plants in a building are entitled to a lien for the value of the labor under Rem. & Bal. Code, § 1129, although they lost their lien for materials through failure to deliver duplicate statements to the owner of the material used, as required of materialmen by § 1133, and although the material and labor were furnished under an indivisible contract with the general •contractor.</p> <p>Same — Materials to Be Furnished — Duplicate Statements. Rem. & Bal. Code, § 1133, requiring a materialman to deliver to the owner duplicate statements of material furnished at the time the same is delivered, is not substantially complied with by delivering with the first load one duplicate statement of all material to be furnished, where the deliveries were continued from day to day and extended over a period of several months.</p> <p>Mechanics’ Liens — Materials Furnished — Items Lienable— Duplicate Statements — Partial Payments — Application. Where the first part of lumber furnished to the general contractor for a building was not lienable because the lumber company failed to deliver duplicate statements to the owner 'during all the time the lumber was delivered, partial payments made to the lumber company without any direction as to their application may he applied hy the company to the ol