Gates v. Brown

• Decision Date: 19 December 1890
• Parties: GATES v. BROWN ET AL.
• Court: Washington Supreme Court

25 P. 914

1 Wash. 470

GATES v. BROWN ET AL.

Supreme Court of Washington

December 19, 1890

Appeal from superior court, King county.

Chas. F. Fishback, for appellant.

Lewis & Gilman, for appellees Gustave and Henrietta Winehill.

SCOTT J.

This was an action to foreclose a mechanic's lien. The defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The question was as to the sufficiency of the lien notice, which the lower court held to be invalid, and sustained the demurrer. The plaintiff appeals to this court. The notice, a copy of which was set forth in the complaint is as follows:

"State of Washington, county of King -ss. Fred G. Gates, claimant, vs. Isaac Percival and Charles Brown, Debtors, and Gustave Winehill, Owner. Claim for lien. Notice is hereby given that Fred G. Gates performed work and labor for the debtors above named, in the construction of a certain building located on the south-west corner of South Third and Main streets, upon a plat of the town [now city] of Seattle, in King county, Washington, known as the 'Winehill Building,' and furnished material to be used, and which was used, in the construction of said building; that at the time said work and labor was performed, the said Isaac Percival and Charles Brown were in the employ of Gustave Winehill, owner above named, in the capacity of contractors in and about the construction of said building; that the said Fred G. Gates commenced to perform said labor and to furnish said material on said building on or about September 30, 1889, and labored continuously up to January 5, 1890, and that claimant ceased to perform said labor thereon, and to furnish said material, on January 5, 1890; that in the performance of said labor the claimant acted as subcontractor under the said Isaac Percival and Charles Brown, and was to receive, and the said Percival and Brown agreed to pay the claimant, for the labor done and furnished upon said building and material furnished by and used in the construction of said building, the sum of fifteen hundred and ninety-seven dollars; that after deducting all just credits and offsets there remains due and owing to the claimant, for and on account of said labor performed and furnished and the material used and furnished in the construction of the said building, the sum of fifteen hundred and ninety-seven dollars, for which amount the said Fred G. Gates claims a lien upon the building aforesaid. F. G. GATES, Claimant."

"State of Washington, county of King -ss. Fred G. Gates, being first duly sworn, deposes and says that he has read the above and foregoing claim for a lien, knows the contents thereof, and that he believes the same to be just. FRED G. GATES. Subscribed and sworn to before me this 11th day of March, 1890. VINCE H. FABER, Notary Public in and for Washington; residing at Seattle, Wash."

It appears by the complaint that the plaintiff's subcontract, upon which his lien was founded, was to perform all the mason and brick work on the building, and furnish all the materials therefor, for the sum of $10,500; that he furnished the materials and performed the labor accordingly and was paid thereon $8,903, leaving a balance due him of $1,597, for which he filed the lien in question. Code, § 1881 provides that the lien notice shall contain a statement of the demand after deducting all just credits and offsets, and also a statement of the terms and conditions of the...