Ward v. Thorndyke

Citations

• 65 Wash. 11
• 117 P. 593
• 1911 Wash. LEXIS 891

Syllabus

<p>Mechanics’ Liens — Waiver—Note in Payment — Statutes. Where work is done on a building under an oral agreement that part cash and a note for the balance would be received in payment for the work, a mechanics’ lien is waived if it was so specified in the note, under Rem. & Bal. Code, § 1143, providing that the taking of a note for labor performed or material furnished for which a lien is created shall not discharge the lien unless expressly received as payment and so specified therein.</p> <p>Tender — Necessity—Excuse. Formal tender of a note in performance of a contract is not necessary where it appears that the tender would have been refused.</p> <p>Mechanics’ Liens — Extras. In an action to foreclose a mechanics’ lien, it is error to refuse to allow for extra work required by the architect in charge.</p> <p>Interest — Effect of Tender — Mechanics’ Liens. Where a mechanics’ lien was waived under an agreement to pay $200 cash on the completion of the work with a note for the balance, tender of the $200 stops interest thereon, but the balance draws interest from the date of the completion of the work.</p>