Richards v. Bussell

Citations

• 70 Wash. 554
• 127 P. 198
• 1912 Wash. LEXIS 1082

Syllabus

<p>Public Lands — State Tide Lands — Fills—Contracts—Lien— Actual Cost of Fill — Subcontractor’s Profits. Where a contractor for filling, state tide lands under a contract limiting the cost to 16 cents per cubic yard, in good faith sublet the work to a dredging company at 15 cents per yard and expended 1 cent per yard in supervision and engineering, the “actual cost” to him, within Rem. & Bal. Code, § 8103, giving a lien for the actual cost of the fill, is 16 cents per cubic yard, without deducting the subcontractor’s profit of 3 cents per cubic yard.</p> <p>Same — Evidence of Cost — Presumptions. The certificate of the commissioner of public lands, given pursuant to Rem. & Bal. Code, § 8103, requiring him to determine the actual cost of filling state tide lands under a state contract, is presumptive evidence of the cost.</p> <p>Same — Tide Land Fills — Liens—Foreclosure—Attorney's Fees. Rem. & Bal. Code, § 8103, authorizing the foreclosure of liens for the cost of filling state tide lands “in the manner provided by law for the foreclosure of liens on real estate,” does not authorize the allowance of any attorney’s fee other than the $10 statutory costs.</p> <p>Same — Contracts for Fills — Lien—Issuance of Certificates— —Time for. Where two contracts for filling contiguous tide lands were entered into at the same time, with the view of excavating one general system of waterways, there being two connecting waterways, the commissioner’s certificates showing the amount of the liens by reason of the completion of one of the waterways under the first contract, against certain lots covered in the second contract, but which were nearer to and deriving their benefit from the completed canal under the first contract, are not prematurely issued, although the other waterway was not completed; since the two contracts were in substance one.</p> <p>Evidence — Documentary Evidence — Assignments. The original assignments of tide land contracts, executed in due form and acknowledged