Hoskins v. Powder Land & Irr. Co.
Oregon Supreme Court
From Baker: Gustav Andersen, Judge. In Banc. By his second amended complaint the plaintiff seeks to foreclose a lien for labor, services and materials furnished for and used in the construction, alteration and repair of a dam and reservoir for the defendants.
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From Baker: Gustav Andersen, Judge. In Banc. By his second amended complaint the plaintiff seeks to foreclose a lien for labor, services and materials furnished for and used in the construction, alteration and repair of a dam and reservoir for the defendants. It is said .that by the original contract the work was to be completed on or before November 1, 1916. The agreement was made in the name of W. A. Steward, but the complaint avers that it was so made for the benefit of the defendant company and its trustee, J. A. Almirall. After the general averment concerning the execution of the…
1Opinion of the CourtBurnett, J.
At the hearing before the Circuit Court it was agreed that the following items of the plaintiff’s claim were the only ones disputed:
*221Concrete piers, 4.86 cubic yards, at $15.60 per yard ................................. $75.25
Excavation and placing earth in the embankment for reservoir dam, 32,691 cubic yards, at 35^ per yard................11,441.85
"Work and labor for August, 1916, in addition to above .................... 123.44
The defendants admit $121.95 of this last item, challenging thereof only $1.49, but dispute the following:
For work, labor and material furnished for
September, 1916,…
2Cases cited15 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Smith v. . BradyNew York Court of Appeals · 1858
- United States v. RobesonSupreme Court of the United States · 1835
- Mercantile Trust Co. v. HenseySupreme Court of the United States · 1907
- Hudson v. McCartneyWisconsin Supreme Court · 1873
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3Cited by18 opinions
- Enco, Inc. v. F. C. Russell Co.Oregon Supreme Court · 1957
- Kansas City Bridge Co. v. StateSouth Dakota Supreme Court · 1933
- McGrath v. Electrical Construction Co.Oregon Supreme Court · 1961
- Krieg v. UNION PACIFIC LAND RESOURCES CORPORATIONOregon Supreme Court · 1974
- State Highway Commission v. Green-Boots Const. Co.Supreme Court of Oklahoma · 1947
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