4 Wash. 346 | Wash. | 1892
The opinion of the court was delivered by
This is an action to enforce a lien for materials furnished in the construction of two houses; the material furnished for each house separately is not specified, but the claim is in a lump sum. The complaint alleges that at the time the materials were furnished, the Arlington Heights Land & Improvement Company was the owner and reputed owner of the land described, and it seeks to subject the interest of that company to their lien. It will be observed, however that the lien notice, which is made a part of the complaint, and which is, of course, the foundation of the action, asserts affirmatively that the materials furnished were furnished at the special instance and request of Striegel & Stanley, who were the contractors and agents of the Motor Railway Company. This allegation, then, eliminates from this case the question of agency, so far as the Land & Improvement Company is concerned, and all the lien that can attach would be the lien on the in-
Sec. 1965 seems to imply that the interest of the owner is subject to the lien, unless he gives notice that he will not be responsible for such improvement, but the same section provides that the notice, if any be given, shall be ten days after the owner has notice of the making of said improvement, and, in our opinion, it must affirmatively appear that the owner had such notice.
We think the demurrer was properly sustained. The judgment of the lower court is affirmed.
Anders, C. J., and Hoyt, Scott and Stiles, JJ., concur.