100 Cowie v Ahrenstedt Appellants

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In Folder: Supreme Court Briefs

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100 Cowie v Ahrenstedt Appellants

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title: W H Cowie and Charles Roberts, Appellants, vs Hans Ahrenstedt and Otto Grandstrom, Appellees, Appellant's Brief

title: 100

creator: W. H. Cowie

creator: Charles Roberts

contributor: Richard Osborn

date: 1890

publisher: Washington State Supreme Court

type: Civil

subject: Contracts

language: eng

format: application/pdf

description: Prior History: Appeal from Superior Court, King County.The facts are stated in the opinion.Mechanics’ Liens – Description of Premises – Pleading – Evidence – Partnership – Appeal – Where no motion to strike an improperly settled statement of facts was made and filed, as required by the rules of this court, objection thereto is waived, although objection was made at the time of its settlement, and also in the brief of appellee filed in this court.In an action to charge two persons as partners for the price of brick used in the construction of a certain building, the partnership was working with his co-defendant, that he wrote an acknowledgment of the receipt of the brick and of the amount still due thereon, which was not signed by him but by his co-defendant alone, and that he had said something about his being as much a contractor on the building as anyone. In an action to foreclose a mechanic’s lien, a denial by defendant, on information and belief, of the recording of the notice of lien is sufficient to require plaintiff to prove that the notice has been recorded as required by law.Where the claim of lien was upon the whole of a certain lot, but the proof showed that it was only upon a part of it, thirty-six feet in width, nearer the center than either side of the lot, which was sixty by one hundred and twenty feet, the description was not sufficiently definite to sustain a judgment; nor is the judgment sided by adding to such description that name of the buildings on the land.Where the defendant holds under written lease the premises upon which a lien is claimed, his interest therein cannot be shown by oral testimony.

relation: Cowie v. Ahrenstedt, 1 Wash. 416 (1890)

relation: 25 P. 458

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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