Whittier v. Stetson & Post Mill Co.

Citations

• 6 Wash. 190
• 33 P. 393
• 1893 Wash. LEXIS 260

Syllabus

<p>MECHANICS’ LIENS — DESCRIPTION — MISTAKE IN AMOUNT OF CLAIM — REMITTING EXCESS.</p> <p>A lien notice which describes the property as “all of lot 5 in block 9 . . ' . except the west 20 feet of said lot; and that said building is known as the Brodek-Schlessinger building, and is on the northwest corner of Third and Washington streets, in said city,” is insufficient to create a valid lien, when the building also covers, in addition to the tract specified, the south half of lot 6.</p> <p>Where the owners of adjoining parcels of land jointly construct buildings thereon under contract with the same contractors, and a lien is claimed for glass furnished both buildings by a sub-contractor, who understands that the whole structure is being built by B. & S., while in fact one N. is the owner of a portion thereof, but the claim of lien as made out by his attorneys correctly describes the B. & S. property, and by mistake seeks to charge the same with the glass furnished for N.’s portion, the mistake may, on the trial, be rectified by remitting the excessive claim. (Dunbar, C. J., dissents.)</p>