Z. C. Miles Co. v. Gordon

Citations

• 8 Wash. 442
• 36 P. 265
• 1894 Wash. LEXIS 84

Syllabus

<p>PARTNERSHIP — WHAT CONSTITUTES — MECHANICS’ LIENS — REPAIRS BY LESSEE — WHEN OWNER NOT BOUND.</p> <p>Partnership between the lessor and the lessees of premises is riot constituted by an agreement that the lessor shall have as rent therefor one-half of all the profits realized above expenses by the lessees in managing the premises as a sanitarium, although the agreement may provide that the board and lodging of the families of the lessees while residing on the premises and engaged in said management, and their necessary personal expenses while engaged therein, may be included in computing expenses, “but they are to receive no other compensation for their services,” when all the other terms of the agreement indicate that it was intended by the parties as a lease.</p> <p>The liens of mechanics and material men for labor performed and material furnished in the alteration and repair of a building at the instance of a lessee thereof attach only to the leasehold interest, and do not bind the owner, in the absence of authority to the lessee to act as his agent.</p>