10 Wash. 528 | Wash. | 1895
The opinion of the court was delivered by
This action was brought to foreclose a lien upon property in the City of Tacoma. It resulted in a judgment against the persons who, it was alleged, had procured the material for which the lien was claimed, and a decree of foreclosure against William H. Fife and Harriet A. Fife, as the owners of the property upon which the lien was claimed. From that part of the decree which established the lien, the defendants Fife have appealed.
Many reasons have been suggested in the brief of appellants for a reversal, but the conclusion to which we have come as to the facts connected with the furnishing of the material makes it unnecessary to consider the objections to the lien notice. It appears from the undisputed proofs that the material was furnished under a contract made by the corporation, of which the plaintiff is the receiver, with Mark U- Wilson, who purported to act for himself and William T. Tileston; that at the time the contract was made, said Wilson represented that he and said Tileston had a lease of the premises upon which the material was to be used; that the contract was with them as lessees, and not as owners of the property, or as in any manner representing such owners. It further appeared that in the making of the contract no reliance was placed upon the fee simple title to the property, or upon the responsibility of the owners. Under these circum
Respondent further contends that the lien can be enforced against the fee by reason of the conduct of W. H. Fife, one of the owners. It was shown in this regard that after nearly all of the material had been furnished, a conversation was had with him by a representative of the corporation, in which he stated that he would see that Wilson paid for the material; but it is not claimed that he made any promise that he would pay for it, or that there was any consideration for such promise, if it was made. It was not claimed that what was said was for the purpose of inducing the corporation to continue the furnishing of the material, or that its representative so understood it.
It is further claimed that the owners had purchased of said Wilson his leasehold interest, and that by reason of such
The decree will be reversed and the cause remanded with instructions to dismiss the action as to defendants William H. Fife and Harriet A. Fife, who will recover costs of both courts.
Stiles and Anders, JJ., concur.
Dunbar, C. J., dissents.