Vaughan v. Fifer

Citations

• 91 Wash. 553
• 158 P. 93
• 1916 Wash. LEXIS 1091

Syllabus

<p>Logs and Logging — Labor Liens — Lumber “at the Mill.” Lumber manufactured, from saw logs was still “at the mill,” within the terms of Rem. & Bal. Code, § 1163, entitling laborers thereon to liens, though piled on land close to the mill leased to the purchaser, where by the provisions of his contract, the sale was to be “f. o. b. the mill,” evidenced by a bill of sale, the lumber was to be surfaced by the manufacturer and loaded by it in amounts as the purchaser might designate, and final payments to be made upon receipt of invoice and bills of lading issued therefor, none of which acts had taken place prior to the filing of liens.</p> <p>Logs and Logging — Labor Liens. The right to labor liens on manufactured lumber, under Rem. & Bal. Code, § 1163, would not be lost by reason of the fact that title had passed to a purchaser, where the lumber was still physically “at the mill,” and further duties were to be performed by the manufacturer incident to its sale.</p> <p>Logs and Logging — Labor Liens. Under Rem. & Bal. Code, § 1175, authorizing laborer’s liens upon the whole or any part of manufactured lumber, a purchaser of lumber subject to lien is not entitled to a pro tanto reduction of the claims against his lumber from the fact that a considerable portion of the claims could have been satisfied out of other lumber disposed of in bankruptcy proceedings against the manufacturer.</p>