CURTIS LUMBER CO. v. SORTOR

No. 878-2.

9 Wn. App. 762 (1973)

515 P.2d 554

CURTIS LUMBER COMPANY, Appellant, v. GAROLD S. SORTOR et al., Respondents.

The Court of Appeals of Washington, Division Two.

October 4, 1973.


Attorney(s) appearing for the Case

Ernest L. Meyer (of O'Leary, Meyer & O'Leary), for appellant.

Richard E. Keefe and Charles P. Nomellini (of Ashley, Foster, Pepper & Riviera), for respondents.


PEARSON, C.J.

This appeal raises a single question: Does a lien asserted under RCW 60.04.100 expire, where service of the summons and complaint to foreclose it is not made on a necessary party within 8 months of the date when notice of claim of lien is filed? We hold that the lien does expire.

The facts are undisputed. Appellant, Curtis Lumber Company, delivered material to a construction site on certain property near Lacey, Washington in May, 1971. Washington...

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