Ball v. Doud
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit to foreclose a mechanics’ lien. The facts are that the firm of Ball & Babcock, on June fifth, eighteen hundred and ninety, entered into a written contract with E. O. Doud, whereby they, in consideration of five thousand dollars, agreed to furnish the materials and erect a dwelling-house for him upon lot ten of block six in Mount Tabor townsite, according to the plans, specifications, and general and detail…
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Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit to foreclose a mechanics’ lien. The facts are that the firm of Ball & Babcock, on June fifth, eighteen hundred and ninety, entered into a written contract with E. O. Doud, whereby they, in consideration of five thousand dollars, agreed to furnish the materials and erect a dwelling-house for him upon lot ten of block six in Mount Tabor townsite, according to the plans, specifications, and general and detail drawings therefor, in a good and workmanlike manner, to the satisfaction of E. 0. Doud, owner and architect, and under his…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. Appellant’s counsel contend that, the contract having provided a method for ascertaining the value of the extra labor and materials necessitated by a change in the plans and specifications, no suit to recover the amount due on account thereof can be maintained until the plaintiff has ascertained it according to the terms of the contract, or, at least, till he has made an ineffectual attempt to do so. On the other hand it is contended for plaintiff that he may, at his option, disregard the mode of settlement agreed upon, and resort directly to the tribunals…
2Cases cited5 opinions
- United States v. RobesonSupreme Court of the United States · 1835
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Evarts v. StegerOregon Supreme Court · 1874
- Scammon v. DenioCalifornia Supreme Court · 1887
- J. R. Meyers & Co. v. Pacific Construction Co.Oregon Supreme Court · 1891
3Cited by21 opinions
- Fulton Insurance Co. v. White Motor Corp.Oregon Supreme Court · 1972
- Molodyh v. Truck Insurance ExchangeOregon Supreme Court · 1987
- Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Wyatt v. HendersonOregon Supreme Court · 1897
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