Lavanway v. Cannon

Citations

• 37 Wash. 593
• 79 P. 1117
• 1905 Wash. LEXIS 775

Syllabus

<p>Actions — Joinder—Appeal—Harmless Error in Joinder op' Causes. Error in the joinder of causes of action ex contractu and ex delicto is not prejudicial, where the verdict upon the cause of action improperly joined is in favor of the defendant, and said cause is dismissed.</p> <p>Contracts — Certificate of Architect. A clause in a building contract requiring a certificate from two architects showing the completion of the work, is waived where the architects were co-partners and the partnership was dissolved shortly after the contract was made, and the owners refused to allow one of the architects to have anything to do with the work, both parties having accepted certificates of the other architect and acquiesced in his sole control of the whole work.</p> <p>Same — Completion of Building — Unpaid Claims Outstanding— Balance of Price When Due to Contractor. Where a building contract provided that the architect should give his certificate that the building was completed in accordance with- the terms of the contract, and that the owner thereupon agrees to pay the price upon a showing by the contractor that no outstanding bills were unpaid, and further provided that, if there were any outstanding claims after final payment, the amount should be refunded by the contractor, the certificate of the architect, given in good faith upon completion of the building, and such showing by the contractor, is all that is required to show that the balance on the contract was due, although an unpaid claim was outstanding.</p> <p>Mechanics’ Liens — Foreclosure — Parties — Lienors Subseiquent to Commencement of Action — Practice. In an action by a contractor to foreclose a mechanics’ lien, in which the owner answers that a materialman had filed a lien for material which the contractor had agreed to pay, it is not error to deny defendant’s motion to make the materialman a party, where his lien was filed after the commencement of the action; since in such case, under the statute, the lien