14 Wash. 450 | Wash. | 1896
The opinion of the court was delivered by
This was an action to foreclose laborers’ liens upon a quantity of shingles. The appellants held a chattel mortgage thereon which the court found was subsequent to said lien claims, whereupon this appeal was taken. The testimony is not here, the only questions raised being based upon a contention that the decree is contrary to the findings of fact.
It appears that Youker & Densmore were the owners of the mill where said shingles were manufactured, and that they operated it for some time prior to the 8th day of July, 1895, at which time they leased it to the defendants composing the firm known as the Prairie Shingle Company, after which time said mill was for a time operated in a measure by said last-named company. The plaintiffs had been employed as laborers by Youker & Densmore while the mill was operated by them, and continued to labor in a like capacity
The findings of fact are not entirely harmonious, and if full effect were to be given to certain of them, independent of others, the decree was wrong, for in one finding the court found that the plaintiffs during the times aforesaid were laboring under two different and separate contracts, one with Youker & Densmore and one with the Prairie Shingle Company. But in the fourth finding of fact the court referred to and in effect adopted as one of its findings the lease and contract entered into between Youker & Densmore and the Prairie Shingle Company, a copy of which is contained in the record. Under the terms of this contract Youker & Densmore were to have the entire output of the mill, while operated by the Prairie Shingle Com
While the findings are somewhat inconsistent with each other, they should be construed liberally upon the question as to whether they are antagonistic to the decree rendered, and the decree should not he set aside where the findings are simply conflicting, if some of them are sufficient to support it. In such a case the attack should be upon the findings in such a way as to have the question as to which of them should stand considered and determined, No such attempt was made in this appeal.
The foregoing, as we view the case, decides every material question presented in favor of the respondents, and requires an affirmance of the judgment, such of the other proceedings as these appellants can question being disposed of adversely to them on the facts contained in said fourth finding.