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· 4/13/1909

Smyth v. Lance & Peters, Inc.

Citations

  • 52 Wash. 560
  • 100 P. 995
  • 1909 Wash. LEXIS 1155

Syllabus

<p>Appeal — Review—Findings. Findings upon conflicting evidence will not be reviewed on appeal where the trial judge was much better able to judge the evidence, and the supreme court cannot say that the evidence preponderates in favor of the appellant.</p> <p>Mechanics’ Liens — Subcontractor-—Lien for Sums Paid for Labor. A person employed to do the plastering upon a building for the contractor, to be paid therefor the amount paid out to his men and a further sum for his own work and superintendence, is entitled to a lien for the amounts paid by him for the labor of his men, and for his own labor, according to the terms of the contract, although he did none of the actual work of the plastering, under Bal. Code, § 5900, giving a lien to any laborer for labor performed, and Bal. Code, § 5909 giving a lien to a contractor for any sum due on his contract after deducting claims of other parties for labor performed, and Bal. Code, § 5917, requiring the lien laws to be liberally construed.</p>

Judges: Mount

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