Leick v. Beers
Oregon Supreme Court
This is a suit to foreclose a mechanics’ lien for the services of plaintiff as architect in the construction of a dwelling-house. The plaintiff was employed by and rendered the services to Mr. and Mrs. O. W. Beers, but the building was erected upon land owned by the investment company for which Mrs. Beers had a bond for a deed.
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This is a suit to foreclose a mechanics’ lien for the services of plaintiff as architect in the construction of a dwelling-house. The plaintiff was employed by and rendered the services to Mr. and Mrs. O. W. Beers, but the building was erected upon land owned by the investment company for which Mrs. Beers had a bond for a deed. Mr. Beers had no interest in the building or real estate upon which it was erected other than as husband of the obligee in the bond from the investment company, but he signed the contract for the erection of the building, and acted in reference thereto as if he was the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The court below held the lien insufficient because it states that C. Yf. Beers was the owner of the property and not the reputed owner thereof, and there is respectable authority to support the ruling: McElwee v. Sandford, 53 How. Pr. 89; Malter v. Falcon Mining Company, 2 Pac. 50. But it is unnecessary for us to place our decision upon that ground as the lien is clearly insufficient within Rankin v. Malarkey, 23 Or. 593, (32 Pac. 620, 34 Pac. 816,) and Dillon v. Hart, 25 Or. 49 (34 Pac. 817).
*4852. The refusal of a trial court to allow costs to either party in…
2Cases cited5 opinions
- Cole v. LoganOregon Supreme Court · 1893
- Lovejoy v. ChapmanOregon Supreme Court · 1893
- Rankin v. MalarkeyOregon Supreme Court · 1893
- Dillon v. HartOregon Supreme Court · 1893
- McElwee v. SandfordNew York Court of Common Pleas · 1877
3Cited by3 opinions
- Getty v. AmesOregon Supreme Court · 1897
- McCormack v. BertschingerOregon Supreme Court · 1925
- Winters v. Falls Lumber Co.Oregon Supreme Court · 1934