Stringham v. Davis

Citations

• 23 Wash. 568
• 63 P. 230
• 1900 Wash. LEXIS 390

Syllabus

<p>CONTRACT TO CLEAR LAND-LIEN — BIGHTS OE CONTEACTOB.</p> <p>One who clears land under a contract with the owner is entitled to a lien thereon, under the provisions of Bal. Code, § 5902, which declares that any person who at the request of the owner of any real property clears the same has a lien thereon for the labor performed, and under Id., § 5911, which recognizes the right of contractors to such liens, after satisfaction of the prior claims of laborers, material men and sub-contractors.</p> <p>SAME-CONTEMPLATION OF PARTIES TO CONTRACT.</p> <p>Where one is entitled to a lien under the law, his right is not lost by reason of the fact that he did not have it in mind at the time he agreed to perform the labor.</p> <p>DEMAND BEFORE SUIT-SUFFICIENCY.</p> <p>Where, under plaintiff’s contract with defendant, he was to be paid for certain labor in specific chattels, a demand on his part sufficient to sustain an action for the value of such labor is established by evidence showing that by the direction of defendant he went to the place where such chattels were, and told the custodian who had them in charge that he had come for them.</p> <p>EVIDENCE-ADMISSIBILITY OF PAROL.</p> <p>In an action upon a written contract for labor whereby plaintiff was to be paid “in cows at $50 per head,” parol evidence is admissible for the purpose of showing defendant’s admissions as to the kind of cows called for by the contract and also to show the kind alleged to have been tendered.</p>