Legal Opinion

Gates v. Brown

Washington Supreme Court

Decided December 19, 1890No. 113PublishedCited by 11 opinions

Appeal from Superior Court, King County. Action to foreclose a mechanic’s lien claimed by plaintiff upon a certain building in the city of Seattle, State of Washington, known as the Winehill building. Theplaint-iff was a subcontractor under the defendants Charles E,. Brown and Isaac Percival, who were contractors with Gus-tave Winehill and Henrietta Winehill, the owners of said building, for the erection thereof.

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Appeal from Superior Court, King County. Action to foreclose a mechanic’s lien claimed by plaintiff upon a certain building in the city of Seattle, State of Washington, known as the Winehill building. Theplaint-iff was a subcontractor under the defendants Charles E,. Brown and Isaac Percival, who were contractors with Gus-tave Winehill and Henrietta Winehill, the owners of said building, for the erection thereof. To the amended complaint in this action Gustave and Henrietta Winehill interposed separate demurrers, which were sustained, and plaintiff declining to plead further, judgments were…

1Opinion of the Court

The opinion of the court was delivered by

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…

2Cases cited2 opinions

  1. George Ainslie & Co. v. Bertha Kohn & Thompson, De Hart & Co.Oregon Supreme Court · 1888
  2. McWilliams v. AllanSupreme Court of Missouri · 1870

3Cited by11 opinions

  1. Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
  2. Stetson & Post Mill Co. v. McDonaldWashington Supreme Court · 1893
  3. Turner v. St. JohnNorth Dakota Supreme Court · 1898
  4. Fairhaven Land Co. v. JordanWashington Supreme Court · 1893
  5. Morrison, Merrill & Co. v. WillardUtah Supreme Court · 1898

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