Seattle Lumber Co. v. Richardson & Elmer Co.

Citations

• 66 Wash. 671
• 120 P. 517
• 1912 Wash. LEXIS 829

Syllabus

<p>Mechanics’ Liens — Materialmen—Notice to Owner — Duplicate Statements. A delivery to the contractor of duplicate statements of lumber furnished to the contractor for the construction of a house, is not a compliance with Rem. & Bal. Code, § 1133, providing for the delivery of duplicate statements to the owner; even though the court makes a general finding that the contractor was the agent of the owner in ordering the material, and in sole charge of the building; unless the evidence clearly established an agency for that purpose.</p> <p>Mechanics’ Liens — Notice to Owner — Duplicate Statements— Time for Delivery. Under Rem. & Bal. Code, § 1133, requiring that duplicate statements of materials furnished must be delivered to the owner “at the time” materials are furnished, a statement August 18, of materials furnished on various days from July 30 to August 12, is insufficient to support a lien.</p> <p>Same — Failure to Give Notice — Absence of Owner — Mailing— Address. The absence of the owner from the city does not excuse a lien claimant from delivering duplicate statements of materials at the time the same are furnished, since the statute provides for service by mail; especially where the owner’s resident address, where his wife was living, was given in the city directory and no attempt was made to ascertain the address or residence.</p> <p>Same — Mailing Notice — Address. Mailing of duplicate statements to the owner addressed to him at the place where the building was being constructed is not a compliance with the statute requiring the notices to be personally served or mailed to his last-known place of residence, where that had never been his residence, as an inspection would have disclosed, and his residence was given in the city directory.</p> <p>Same — Failure to Give Notice — Excuses. The fact that contractors misled materialmen as to the correct address of the owner, a resident of a large city, does not excuse their failure to properly serve or mail duplicat