Johnson v. Heirgood

Citations

• 72 Wash. 120
• 129 P. 909
• 1913 Wash. LEXIS 1417

Syllabus

<p>Mechanics’ Liens — Sale and Delivery of Materials — Evidence —Sufficiency. A finding that materials for a building were furnished to the contractor as an independent contractor, are sustained where both contractor and owner testified that such relation was fully disclosed, and they were corroborated by the bills sent out with the material.</p> <p>Same — Materials—Duplicate Statements — Necessity. It is not a compliance with Rem. & Bal. Code, § 1133, requiring a person furnishing materials to a contractor for the construction of a building to mail or deliver duplicate statements to the owner of all such materials as a condition precedent to a mechanics’ lien, for the driver of the wagon to deliver to the person on the grounds receiving the material duplicate statements of the contents of the loads, one of which was to be signed and returned as evidence of the delivery.</p> <p>Same — Waiver. In such a case, the owner does not waive the statute by reason of the fact that, when one of the first loads was delivered, he declined to accept or sign the driver’s statements or receipts, but referred him to the contractor, none of the parties treating such receipts as the notices contemplated by the statute.</p> <p>Same. Such statute is not waived by the fact that the owner had actual notice of the delivery of the material, and frequently inspected it, and caused part of it to be rejected.</p>