Stetson & Post Mill Co. v. McDonald

Citations

• 5 Wash. 496
• 32 P. 108
• 1893 Wash. LEXIS 11

Syllabus

<p>MECHANICS’ LIENS—NOTICE—OMISSION OF NOTARY’S SEAL—LIABILITY OF SURETIES ON BUILDING CONTRACT—PARTNERSHIP.</p> <p>The fact that certain persons sign a building contract as sureties does not render them liable for materials furnished the contractors.</p> <p>The omission of the notary to affix his seal to the jurat in a lien notice sworn to before him renders the notice invalid, and the omission cannot be cured by the introduction of proof on the trial to foreclose the lien, that the notice had in fact been sworn to.</p> <p>Where materials are furnished to contractors as co-partners in the construction of a certain building, the subsequent withdrawal of one from the partnership does not release him from liability when no new agreement is entered into between the contractors and the owner of the building, or between the contractors and the person furnishing materials.</p>