Legal Opinion

West Side Lumber & Shingle Co. v. Herald

Oregon Supreme Court

Decided January 7, 1913PublishedCited by 11 opinions

From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Moore. This is a suit by the West Side Lumber & Shingle Company, a corporation, against A. G. Herald, doing business as A. G. Herald & Co., and Pauline Waidt to foreclose an alleged lien.

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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Moore. This is a suit by the West Side Lumber & Shingle Company, a corporation, against A. G. Herald, doing business as A. G. Herald & Co., and Pauline Waidt to foreclose an alleged lien. The complaint states the capacity of' the plaintiff, and alleges, in effect, that a contract was concluded whereby Herald undertook to construct a building for Mrs. Waidt, and that the plaintiff at Herald's request delivered to him lumber to be used and which was employed in the erection of her house, which material, less a discount of $34.82,…

1Opinion of the CourtJustice Moore

The transcript shows that on May 7, 1909, the defendant Mrs. Pauline Waidt owned lots 15 and 16, in block 5, Edendale addition to Portland, which real property is situate at the corner of East Forty-First and Yamhill streets, in that city. As she intended to have a dwelling erected on the premises, her husband on that day entered into a written agreement on her behalf with the defendant A. G. Herald, whereby the latter stipulated that, in consideration of $2,800, he would furnish the material and supply the labor necessary to complete the structure. The contract provided, that, when any bills…

2Cases cited1 opinion

  1. Morback v. YoungOregon Supreme Court · 1911

3Cited by11 opinions

  1. Drake Lumber Co. v. Paget Mortgage Co.Oregon Supreme Court · 1954
  2. Mascall v. MurrayOregon Supreme Court · 1915
  3. Stamm v. WoodOregon Supreme Court · 1917
  4. Arctic Lumber Co. v. BordenCourt of Appeals for the Ninth Circuit · 1914
  5. Johnson v. AlmOregon Supreme Court · 1927

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