Dufur Oil Co. v. Enos
Oregon Supreme Court
From Wasco: William L. Bradshaw, Judge. Statement by Mr. Justice Moore. This is a suit by the Dufur Oil Company, a corporation, against T. W. Enos, doing business as the Pacific Well Drilling Company, Levi Christman, sheriff of Wasco County, Oregon, T. B. Slusher and John Marsh, to enjoin the sale upon execution of certain personal property and to foreclose an equitable lien thereon.
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From Wasco: William L. Bradshaw, Judge. Statement by Mr. Justice Moore. This is a suit by the Dufur Oil Company, a corporation, against T. W. Enos, doing business as the Pacific Well Drilling Company, Levi Christman, sheriff of Wasco County, Oregon, T. B. Slusher and John Marsh, to enjoin the sale upon execution of certain personal property and to foreclose an equitable lien thereon. The complaint states in substance (1) that plaintiff is a corporation; (2) that on June 1, 1907, and continually thereafter, the defendant T. W. Enos was and is engaged in business as the Pacific Well Drilling…
1Opinion of the CourtJustice Moore
1. The testimony clearly shows that on June 1, 1907, when the written agreement was signed by the parties, Enos was then engaged in business as the Pacific Well Drilling Company. It is evident from an examination of the contract that it was intended to charge particular property with the payment of a debt to be created by advances made to enable Enos to secure the necessary machinery with which he could perform the work undertaken. An equitable lien was thus expressly contemplated by the parties, whereby the boiler, engine, tools, appliances, etc., should constitute security for the repayment…
2Cases cited6 opinions
- Sutherlin v. BloomerOregon Supreme Court · 1907
- Rafferty v. DavisOregon Supreme Court · 1909
- Chamberlain v. HibbardOregon Supreme Court · 1894
- Hopwood v. PattersonOregon Supreme Court · 1862
- Marquam v. SengfelderOregon Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Westall v. WoodMassachusetts Supreme Judicial Court · 1912
- Lewis v. MillerOregon Supreme Court · 1952
- Harrison v. HarrisonTennessee Supreme Court · 1923
- Price v. Boot ShopOregon Supreme Court · 1915
- Langer v. NultemeierNorth Dakota Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.