Vanderhoof v. Shell
Oregon Supreme Court
From Multnomah: Melvin C. George, Judge. This is a suit by G. L. Vanderhoof against L. J. Shell to foreclose a mechanics’ lien claimed by reason of defendant’s failure to pay plaintiff an alleged balance due upon a completed contract.
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From Multnomah: Melvin C. George, Judge. This is a suit by G. L. Vanderhoof against L. J. Shell to foreclose a mechanics’ lien claimed by reason of defendant’s failure to pay plaintiff an alleged balance due upon a completed contract. The contract was entered into March 30, 1901, for the construction and erection of an eight-flat building, by the terms of Avhich plaintiff agreed that he would furnish the materials and labor necessary to complete the masonry, carpenter, and joiner work, plastering, etc., required for the erection of such building; that he would commence the work at once, and…
1Opinion of the CourtJustice Wolverton
The principal questions involved by this controversy are with regard to the maintenance of the suit by plaintiff without having first obtained a certificate from the architect showing the completion of the work in accordance with the contract, and whether plaintiff was entitled to additional time for the completion of the work unless the same was claimed by him and allowed by the architect, and, if so, what amount.
1. Under the testimony adduced, it clearly appears, by a decided preponderance, that the defendant accepted the work as having been performed in due compliance with the undertaking…
2Cases cited7 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Smith v. . BradyNew York Court of Appeals · 1858
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Hanley v. WalkerMichigan Supreme Court · 1890
- Michaelis v. WolfIllinois Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Livesley v. JohnstonOregon Supreme Court · 1904
- Pippy v. WinslowOregon Supreme Court · 1912
- Waldo Bros. v. Platt Contracting Co.Massachusetts Supreme Judicial Court · 1940
- Hoskins v. Powder Land & Irr. Co.Oregon Supreme Court · 1918
- Wallis v. Inhabitants of WenhamMassachusetts Supreme Judicial Court · 1910
4 more not listed; retrieve them via the Exa API.