Dailey v. Cremen
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. In Banc. Statement by Mb. Justice McBbide. This is a suit by W. A. Dailey, doing business as United Glass & Glazing Company, against Anna M. Cremen and others to foreclose a mechanic’s lien upon a certain building situated in Portland, Oregon. The plaintiff claimed a lien for labor and material furnished in the alteration and repair of the building.
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From Multnomah: John P. Kavanaugh, Judge. In Banc. Statement by Mb. Justice McBbide. This is a suit by W. A. Dailey, doing business as United Glass & Glazing Company, against Anna M. Cremen and others to foreclose a mechanic’s lien upon a certain building situated in Portland, Oregon. The plaintiff claimed a lien for labor and material furnished in the alteration and repair of the building. The Thomas E. Hulme Company claimed a lien for materials furnished and labor performed in installing the plumbing. Sellick & Hoggan claimed a lien for material furnished and labor performed in building and…
1Opinion of the Court
Mr. Justice. McBride
delivered the opinion of the court.
Whether the stipulation in the lease as to the installation of safe deposit boxes in the building was mandatory or permissive cannot, in the view we take of this case, materially affect the result. From the whole testimony we find the facts to be these: That Mrs. Cremen, through her agent, W. N. Gatens, negotiated a lease of the premises to E. H. Norton, and subsequently put him in possession, such occupancy beginning about September 1, 1912, and on November 16, 1912, Norton forfeited his lease and was ejected from the premises; that all…
2Cases cited18 opinions
- Schmidt v. MesmerCalifornia Supreme Court · 1897
- Benton v. . WickwireNew York Court of Appeals · 1873
- Cook v. Rome Brick Co.Supreme Court of Alabama · 1893
- Title Guarantee Co. v. WrennOregon Supreme Court · 1899
- Allen v. ElwertOregon Supreme Court · 1896
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3Cited by5 opinions
- Wagoner v. City of La GrandeOregon Supreme Court · 1918
- Pearcy v. Columbia Growers & Packing Corp.Oregon Supreme Court · 1943
- Edmiston v. KierstedOregon Supreme Court · 1932
- Roberts v. GerlingerOregon Supreme Court · 1928
- Rotarius v. EdwardsCourt of Appeals of Oregon · 1997