Housekeeper v. Livingstone

Citations

• 48 Wash. 209
• 93 P. 217
• 1908 Wash. LEXIS 832

Syllabus

<p>Mechanics’ Liens — Leased Premises — Parties Liable — Limitation oe Liability — Notice—Sufficiency. Where permanent repairs upon leased premises are permitted and made with the knowledge of the owner of the fee, his interest is subject to a mechanics’ lien therefor unless he expressly limited his liability by notifying the lien claimant, and such limitation is not made by merely sending the claimant to the lessee in an endeavor to get the lessee to pay for part of the repairs.</p> <p>Appeal — Review —• Effect of Stipulation — Discretion — Mechanics’ Liens — -Attorneys Fees. Where the parties stipulated that the court should fix the amount of attorney’s fees on the foreclosure of a mechanics’ lien, without the introduction of any evidence, the action of the court cannot be reviewed on appeal except for abuse of powers; and no such abuse appears from the allowance of $150 in a sharply contested action involving $340.</p> <p>Mechanics’ Liens — Leased Premises — Liability of Tenants. The evidence is sufficient to sustain findings that repairs upon leased premises were not made at the request of the tenants, so as to subject their interests to a mechanics’ lien, where it appears that the lessor agreed to fully repair the building as rapidly as possible and the lessees simply demanded that the repairs be made without further delay .or they would get someone else to make them.</p> <p>Fullerton, J., dissenting.</p>