Mercer Steel Co. v. Park Construction Co.

SCHWAB, J. (Pro Tempore).

This is an appeal from a decree foreclosing a materialman’s lien. In July of 1962 the Park Construction Company commenced construction of a single family residence, obtaining lumber and other materials from Montavilla Lumber Co., defendant-respondent. On September 20, 1962, Park Construction Company mortgaged the premises, the mortgage being concurrently sold and assigned to Security Bank of Oregon, defendant-appellant. Montavilla filed its lien on February 6, 1963. The lien was for $2,687.12 but prior to commencement of trial Montavilla moved to reduce its claim to…