Olson v. Busy Bee Mining & Development Co.

Citations

• 118 Wash. 24
• 202 P. 246
• 1921 Wash. LEXIS 911

Syllabus

<p>Mines and Minerals (20) — Mechanics’ Liens (24) — Right to Lien — Ownership and Consent by Owner — Statutes. One employed to construct a tunnel in a mining claim cannot enforce a lien for his labor, as authorized by Rem. Code, § 1129, where the tunnel is driven upon the property, of another than his employer.</p> <p>Mechanics’ Liens (26) — Consent op Owner — Lessee as Agent op Owner. Conceding, without deciding, that the lessee of a mining claim is the statutory agent of the owner, the lessee would have no authority under the mechanics’ lien law to procure one to furnish, labor or material on the land of a stranger.</p> <p>Same (24, 28) — Consent op Owner — Contract With Lessee— Estoppel. The owner of a mining claim is not estopped to deny the right of one employed by the lessee to drive a tunnel to assert a mechanics’ lien on the property, though having knowledge the work was in progress, where the owner did not know at what angle or in what direction it would be constructed, nor that it would be driven on the land of another.</p>