Installment Building & Loan Co. v. Wentworth

Citations

• 1 Wash. 467
• 25 P. 298
• 1890 Wash. LEXIS 98

Syllabus

<p>MECHANICS’ LIEN — NOTICE—FOBECLOSUBE—JURY TRIAL.</p> <p>In a suit to foreclose a mechanics’ lien against the “Installment Building and Loan Company,” for material furnished the corporation itself, it is an immaterial variance where the notice of claim of lien offered in evidence described the corporation as the “Installment Building and Loan Association.”</p> <p>The foreclosure of a mechanics’ lien being a proceeding properly cognizable in a court of equity, the defendant in such a suit cannot, by setting up a claim for damages for breach of contract, demand a trial by jury, although the statutes of this state give him the right to interpose such legal defense.</p>