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HOMANN v. HUBER

No. 31310.

38 Wn.2d 190 (1951)

228 P.2d 466

A.G. HOMANN, Respondent, v. H.H. HUBER et al., Defendants, JAMES CONSTRUCTION COMPANY, Appellant.

The Supreme Court of Washington, Department Two.

March 9, 1951.

Attorney(s) appearing for the Case

Joseph A. Sweeney, Will M. Derig, W. Anthony Arntson, and Metzger, Blair, Gardner & Boldt, for appellant.

Harry Ellsworth Foster and Venables, Ballinger & Clark, for respondent.

O'Leary, Meyer & O'Leary, for respondents Griffith.

ROBINSON, J.

The principal, and practically only serious, question presented by this appeal involves the priority of liens.

The action was tried upon the first amended complaint of A.G. Homann and the answer thereto, and cross-complaint of James Construction Company and Homann's reply thereto. In his complaint, Homann alleged: (1) that H.H. Huber, Harold Schmitt, and G.I. Griffith, at the time the complaint was filed, and prior thereto, were owners of certain...

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