Kelly v. McBarron

Plaintiff filed an action for damages alleging that defendants had wrongfully and maliciously filed a mechanic’s lien. The case was tried by the court without a jury. The trial judge found for the defendants and plaintiff appealed.

Plaintiff and the defendant McBarron were lumber brokers. The corporate defendant was the creature of the defendant McBarron, who hereinafter will be referred to as if he were the sole defendant. Plaintiff, a resident of Texas, placed an order with defendant in Oregon for some laminated wooden arches for a contractor who was a customer of plain tiff. The terms were…