Adams v. MacKenzie
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. This is a suit by W. A. Adams against W. F. MacKenzie and Ida May MacKenzie to foreclose a mechanic’s lien. From a decree in favor of defendants, plaintiff appeals.
1Opinion of the CourtJustice McBride
This is a suit to foreclose a mechanic’s lien upon a dwelling house in the city of Portland. The principal defense urged is the failure by plaintiff to substantially perform his contract according to the plans and specifications. Many departures therefrom are admitted; but, as the contract itself provides for changes, we have treated all such variations as parts of the contract and within the pleadings. The testimony is very contradictory. Plaintiff and his expert witnesses contend that the contract, including changes, has been substantially complied with, and that defendants have really a…
2Cited by19 opinions
- Schafer v. Fraser Et UxOregon Supreme Court · 1956
- Macartney v. ShipherdOregon Supreme Court · 1911
- State Ex Rel. Bassett v. BassettOregon Supreme Court · 1941
- Pippy v. WinslowOregon Supreme Court · 1912
- Saunders v. A. M. Williams & Co.Oregon Supreme Court · 1936
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