Northwest Bridge Co. v. Tacoma Shipbuilding Co.

Citations

• 36 Wash. 333
• 78 P. 996
• 1904 Wash. LEXIS 558

Syllabus

<p>Mechanics’ Liens — Interest of Owner Less Than Freehold. Under Bal. Code § 5901, where premises are held under a contract of sale, duly recorded, a mechanics’ lien for improvements contracted for by the vendee is confined to the interest of the vendee in the land, notwithstanding the fact that the vendor, in the contract of sale, requires the construction of the improvement, since the contractor deals with the vendee at his peril, and the lien is lost in case of forfeiture of the vendee’s interest.</p> <p>Mechanics’ Liens — Parties—Community Property — Foreclosure — Wife of Owner Necessary Party. The wife is a necessary party to an action to foreclose a mechanics’ lien upon community property.</p> <p>Same — Amendment Bringing in Party — Expiration of Time Limited for Foreclosure. The interests of a wife or other party in real estate can not be subjected to a mechanics’ lien when not originally made a party to the foreclosure suit and not brought in by amendment until after the expiration of the time limited for commencing the action. '</p> <p>Mechanics’ Lien — Notice—Sufficiency—Agent of an Agent. A notice that the materials were furnished and the work performed at the request of the S company, as agent for B, as agent for the owners, is not sufficient under Bal. Code § 5900 requiring it to have been done at the request of the agent of the owners.</p>