Portland Electric & Plumbing Co. v. Simpson

Plaintiff, a supplier of plumbing and electrical materials, brought this action to foreclose a construction lien in the amount of $45,109.06. The trial judge found that a release plaintiff had executed was effective to release a portion of plaintiffs claim, and that, by not taking into consideration the release in computing the lien amount, plaintiff had committed negligence so gross as to create a presumption of fraud, thereby invalidating the lien. However, the trial judge, on an unstated legal theory, awarded plaintiff a judgment for the portion of its claim that the trial judge considered…