Shaw v. Spencer

Citations

• 57 Wash. 587
• 107 P. 383
• 1910 Wash. LEXIS 802

Syllabus

<p>Judges — Powers Outside County — New Trial — Place oe Hearing. Under Rem. & Bal. Code, § 41, a judge of the superior court cannot properly hear a motion for a new trial outside of the county wherein the cause is pending, except by consent of the parties.</p> <p>Appeal — Review—Harmless Error- — New Trial. Where a cause is heard de novo on appeal, irregularity in hearing a motion for a new trial outside of the county wherein the cause is tried is without prejudice, if the new trial was properly denied.</p> <p>Mechanics’ Liens — Leaseholds — Interests Liable — Improvements by Lessee — Estoppel oe Owner. While ordinarily the estate of the lessor is not subject to mechanics’ liens for improvements made by the lessee, the owner is estopped to contest mechanics’ liens for improvements made by a lessee, where it appears that the public records did not disclose the lessee’s interest in the demised premises, that the owner knew of the lessee’s bad reputation and inability to carry out his contracts and must have anticipated his failure and the forfeiture of the leasehold, that the owner was constantly about the building during the progress of the work giving orders, paying bills when necessary to retain carpenters, and assuring them that their bills would be paid, and knew that his warning notices were immediately torn down.</p> <p>Same. The same estoppel would apply to a lien for material furnished under an agreement that the owner was to pay one-fourth of the cost, which he did and received a release from further liability.</p> <p>Same — Personal Liability. In an action to foreclose a mechanics’ lien for improvements made by a lessee, personal judgment cannot be rendered against the lessor, where he contracted none of the debts, although he had estopped himself from confining the liens to the leasehold interest of the lessee.</p>