Walsh v. Nelson
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Burnett. This is a suit by M. J. Walsh Company, a corporation, against M. Nelson and Henry B. Chase, to foreclose a mechanic’s lien for labor performed and materials furnished in the construction of a building. The defendant Nelson is the lessee and Henry B. Chase the owner of the premises in question. The summons was not served upon the defendant Chase, and hence he is not to be further considered.
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From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice Burnett. This is a suit by M. J. Walsh Company, a corporation, against M. Nelson and Henry B. Chase, to foreclose a mechanic’s lien for labor performed and materials furnished in the construction of a building. The defendant Nelson is the lessee and Henry B. Chase the owner of the premises in question. The summons was not served upon the defendant Chase, and hence he is not to be further considered. It seems that the defendant Nelson, about June, 1910, was engaged in fitting up a resort where certain kinds of thirst might be…
1Opinion of the CourtJustice Burnett
1. The legal principles involved in this suit are settled by the case of Edmunds v. Welling, 57 Or. 103 (110 Pac. 533). In the opinion of Justice Eakin it is there stated: “The rule is that the work must be done substantially according to contract to entitle the contractor to a lien, but if an effort in good faith has been made to comply with the contract, and it is substantially though not fully complied with, the contractor is entitled to a lien for the contract price less such deductions as should b.e made on account of the defects and omissions in doing the work.”
2. The plaintiff, being…
2Cases cited1 opinion
- Edmunds v. WellingOregon Supreme Court · 1910
3Cited by2 opinions
- Barr v. LynchOregon Supreme Court · 1939
- Culver v. RENDAHL ET UXOregon Supreme Court · 1957