Maher & Co. v. Farnandis

Citations

• 70 Wash. 250
• 126 P. 542
• 1912 Wash. LEXIS 1038

Syllabus

<p>Appeal — Parties Entitled — Right to Appeal. Where, in an action to foreclose a second subcontractor’s lien, plaintiff recovered judgment against the first subcontractor, who was given judgment against the principal contractor for any sum he might be compelled to pay on plaintiff’s judgment, the principal contractor is ultimately liable and may appeal from plaintiff’s judgment against the subcontractor.</p> <p>Evidence — Best and Secondary — Contracts—Checks and Slips. In an action to foreclose a lien for excavation work, there was com-, petent evidence of the amount of earth removed, where it appears that plaintiff’s foreman, who could not be found at the time of trial, signed daily slips showing the number of loads removed, his signature was identified, the bookkeeper examined and totaled the slips, the total checked with the sum paid by a third party to whom the dirt was sold and delivered, as evidenced by an indorsed check marked paid with a notation on the back as to the number of loads, and the parties had agreed as to the yardage of each load.</p> <p>Mechanics’ Liens — Action to Foreclose — Issues — Appeal— Right to Allege Error. In an action to foreclose a subcontractor’s lien for excavation work, in which plaintiff recovered judgment against another subcontractor, who in turn was given judgment against the principal contractor for any sum he might be compelled to pay on plaintiff’s judgment, the principal contractor cannot complain that plaintiff’s judgment contained an item that was not lien-able, the owner of the property and the subcontractor not having appealed.</p> <p>Same — Issues—Pleading — Cross-Complaint Against Codefendant. In an action to foreclose a second subcontractor’s lien for excavation work, in which the first subcontractor and the principal, contractor are made defendants, the first subcontractor may cross-plead against the principal contractor and have legal relief on his contract, to avoid a multiplicity of suits, in view of Rem. & B