Courts v. Clark
Oregon Supreme Court
Prom Multnomah: Robert Gr. Morrow, Judge. Suit by Albert Courts, doing business as the Peerless Tire & Rubber Company, against T. E. Clark and Mitchell, Lewis & Staver Company, a corporation, to foreclose a lien for repair work performed upon an automobile. There was a decree in accordance with the prayer of the complaint and defendants appeal. Department 2. Statement by Mr. Justice Moore. This is a suit to foreclose an alleged automobile repairer’s lien.
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Prom Multnomah: Robert Gr. Morrow, Judge. Suit by Albert Courts, doing business as the Peerless Tire & Rubber Company, against T. E. Clark and Mitchell, Lewis & Staver Company, a corporation, to foreclose a lien for repair work performed upon an automobile. There was a decree in accordance with the prayer of the complaint and defendants appeal. Department 2. Statement by Mr. Justice Moore. This is a suit to foreclose an alleged automobile repairer’s lien. The cause being at issue was tried and findings of fact were made to the effect that at all the times stated therein the plaintiff, Albert…
1Opinion of the CourtJustice Moore
The statute giving the security designed to be afforded in such a case reads:
“Every * * automobile repairer * * who has expended labor, skill, and materials on any chattel at the request of its owner, reputed owner, or authorized agent of the owner, shall have a lien upon said chattel for the contract price of such expenditure * '* notwithstanding the fact that the possession of such chattel has been surrendered to the owner thereof”: Section 7497, L. O. L.
It is contended: (1) That the plaintiff, within the language of the enactment, is not an automobile repairer; (2) that he did not expend…
2Cases cited1 opinion
- Griggs v. StoneSupreme Court of New Jersey · 1889
3Cited by4 opinions
- Hardy v. WatkinsMississippi Supreme Court · 1928
- Pacific States Finance Corp. v. FreitasCalifornia Court of Appeal · 1931
- Duby v. HicksOregon Supreme Court · 1922
- Weber Implement & Automobile Co. v. PearsonSupreme Court of Arkansas · 1917