Simpson v. Sisters of Charity of the House of Providence

Citations

• 108 Wash. 82
• 182 P. 937
• 1919 Wash. LEXIS 821

Syllabus

<p>Mechanics’ Liens—-Satisfaction of Claims of Owner—-Establishment of Lien—Necessity fob Adjudication. Where the building contract provides that the owner may retain an amount sufficient to indemnify him against any lien or claim for which the owner of the premises might he chargeable, it is not necessary that the lien claims be actually adjudicated, but a compromise and payment of claims pending in litigation entitles the owner to deduct the amounts paid on claims which were shown, by stipulation, to he valid liens against the building for material and labor furnished to the contractor.</p> <p>Same. Rem. Code, § 1139, providing that, in case of judgment upon a lien, the owner shall be entitled to deduct the amount from the sum due the contractor, is not a limitation upon the right of the owner to protect his property, and does not require judgment upon a lien to entitle the owner to indemnity.</p> <p>Trial (32)—Reopening Case for Further Evidence—Discretion. It is discretionary for the trial court, after announcement of a tentative decision, to reopen the case for further evidence, where no formal judgment had been entered.</p>