Ivall v. Willis

The opinion of the court was delivered by

Reavis, J.

Suit to foreclose a logger’s lien against the log owner and his vendee for balance due for labor, and for costs and $25 attorney’s fee. Defendant, the Gray’s Harbor Commercial Company, the vendee, answered the complaint, tendering the amount due on the lien, less forty cents; alleged previous tender and willingness to pay, and plaintiff’s refusal to accept tender before suit, and prayed that plaintiff recover no costs or attorney’s fee. In an *646amended answer the answering defendant set up as a further defense to the cause of action, that…