Justice v. Elwert
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit to foreclose a mechanics’ lien. The lien is claimed by virtue of a contract entered into between plaintiffs, Justice Brothers, and the defendant J. B. Elwert, by which plaintiffs agreed to furnish the materials, and do certain painting, graining, and calcimining for Elwert, upon her buildings at Portland, Oregon, at the agreed price and consideration of two hundred and eighty-five dollars, to be paid thirty days…
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Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit to foreclose a mechanics’ lien. The lien is claimed by virtue of a contract entered into between plaintiffs, Justice Brothers, and the defendant J. B. Elwert, by which plaintiffs agreed to furnish the materials, and do certain painting, graining, and calcimining for Elwert, upon her buildings at Portland, Oregon, at the agreed price and consideration of two hundred and eighty-five dollars, to be paid thirty days after completion of the work. The work was to be done in accordance with certain specifications, “in a good,…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. The position of appellant is stated by her attorneys in their brief thus: “Upon their face the notices of lien appear to be sufficient, and we presume no authorities are necessary to support the proposition that in order to entitle plaintiffs to enforce their lien for work under their contract they must have performed its conditions on their part to be performed. * ® * We claim that, as a matter of law, plaintiffs are not entitled to any lien, for the reason that they have failed to perform their contract.” And “that if the plaintiffs failed to perform their…
2Cases cited3 opinions
- Howes v. Reliance Wire-Works Co.Supreme Court of Minnesota · 1891
- Smith v. NorrisMassachusetts Supreme Judicial Court · 1876
- Charnley v. HonigWisconsin Supreme Court · 1889
3Cited by2 opinions
- James A. C. Tait & Co. v. StrykerOregon Supreme Court · 1926
- Gabriel v. CorkumOregon Supreme Court · 1948