Installment Building & Loan Co. v. Wentworth
Washington Supreme Court
Appeal from Superior Court, Clarke County. Action by John W. Wentworth against the Installment Building & Loan Company to foreclose a mechanics’ lien. Defendant answered by general denial, s/ 'ing up also the insufficiency of the lien notice, and plaintiff’s failure to complete his contract, and setting out its counter claim for damages.
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Appeal from Superior Court, Clarke County. Action by John W. Wentworth against the Installment Building & Loan Company to foreclose a mechanics’ lien. Defendant answered by general denial, s/ 'ing up also the insufficiency of the lien notice, and plaintiff’s failure to complete his contract, and setting out its counter claim for damages. Plaintiff filed his reply, admitting the contract substantially as alleged in defendant’s answer, but denying generally all other allegations. On this issue thus joined defendant demanded a jury trial, which was denied. Trial by the court and judgment against…
1Opinion of the Court
The opinion of the court was delivered by
Hoyt, J.
Plaintiff sought to foreclose a lien for mate*469rial furnished and labor done for defendant in the construction of a dwelling house on the land of the defendant. Defendant in its answer, among other things, set up a claim for damages for breach of the contract by the plaintiff.
In the notice of claim of lien the defendant corporation was described as “ Installment Building and Loan Association,” whereas, in fact, its true name was “ Installment Building and Loan Company.” The notice of claim of lien is attacked on the ground of this variance…
2Cases cited2 opinions
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3Cited by11 opinions
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- Wintermute v. CarnerWashington Supreme Court · 1894
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