Hillyard Lumber Co. v. Codd

Citations

• 85 Wash. 612
• 149 P. 30
• 1915 Wash. LEXIS 1297

Syllabus

<p>Mechanics’ Liens — Notice to Owner — Statute—Sufficiency of Evidence. Under 3 Rem. & Bal. Code, § 1133, providing that every person furnishing material or supplies to be used in the construction of a building shall, within five days after such material or supplies are delivered to any person or contractor, “deliver or mail” to the owner a duplicate statement of all such materials, compliance with the requirement of mailing notice is inferentially established by testimony of plaintiff’s secretary that, while he could not swear positively that the street address had been placed upon the envelope, he believed it was, basing his opinion on the fact that, on the carbon copy of the notice of statement in evidence, he had made a memorandum “Mail to E. 525 Sinto, Spokane,” which he thought he must have done at the time he wrote the address on the envelope; since, in the absence of conflicting evidence, the question is, what is the inference to be drawn from the undisputed testimony.</p>