Jones v. Nelson

Citations

• 61 Wash. 167
• 112 P. 88
• 1910 Wash. LEXIS 1306

Syllabus

<p>Mechanics’ Liens — Contbact—Modifications—Evidence— Sufficiency. Tbe evidence in a mechanics’ lien case supports findings to the effect that an agreed length of a building was reduced two feet to avoid having cornices extend over the lot lines, where one of the parties so testified and was corroborated by the circumstances.</p> <p>Damages — Contbacts—Beeach—-Delay in Completing Building. Damages for a month’s delay in completing a flat, built for rent, are properly disallowed, where there was no proof of applications for rent during the time or other competent evidence of damage, and interest on a large balance due was only computed from one month after the completion of the building.</p> <p>Appeal — Review—Findings. Findings upon directly conflicting evidence of witnesses, seen and. heard by the trial court, should not be disturbed on appeal.</p> <p>Appeal — -Review—Habmless Ebboe — New Tbial. Upon a trial de novo in the supreme court, the denial of a motion for a new trial, heard in the wrong county, is not prejudicial, the new trial having been properly denied.</p>