Lewers & Cooke, Ltd. v. Fernandez

Citations

• 23 Haw. 744
• 1917 Haw. LEXIS 31

Syllabus

<p>Mechanics’ Liens — demand—pleading and proof.</p> <p>In an action to enforce a lien for materials furnished and used in the construction of a building, demand upon the owner for payment of the amount claimed under the lien is, under the provisions of section 2867 R. L., a condition precedent to bringing the suit, and such demand must be alleged and proven.</p> <p>Dismissai and Nonsuit — mechanics’ liens — demand.</p> <p>Where in an action to enforce a lien under chapter 162 R. L. for materials furnished and used in the construction of a building it is not shown that demand for the amount claimed under the lien was made upon the owner prior to commencing the action, a motion for judgment of nonsuit on that ground should be sustained and the action dismissed as to the defendant owner.</p>