MOLALLA PUMP AND HEATING COMPANY v. Chaney

Plaintiff, a contractor, installed a pump in a well on defendant property owner’s property and at his request. Plaintiff filed a lien and, after giving defendant proper notice of intention to foreclose the lien, filed this foreclosure proceeding. After defendant answered, plaintiff moved for summary judgment. Defendant responded to the motion with an affidavit to the effect that the property was subject to a prior mortgage. The trial court granted a summary judgment of foreclosure but denied plaintiff attorney fees and costs on the ground that the mortgagee was not given notice of intent to…