Chenoweth v. Spencer
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit by A. E. Chenoweth against F. W. Spencer, doing business as Spencer Hardware Company, Otto Hansen, J. W. Meredith, Perfection Sewing Cabinet, a corporation, The Chas. K. Spaulding Logging Company, a corporation, and C. A. Rainwater.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit by A. E. Chenoweth against F. W. Spencer, doing business as Spencer Hardware Company, Otto Hansen, J. W. Meredith, Perfection Sewing Cabinet, a corporation, The Chas. K. Spaulding Logging Company, a corporation, and C. A. Rainwater. The facts are as follows: Defendant Meredith, being the owner of lots 1, 3, and 4, block 3, Depot Addition to the City of Salem, on June 14, 1910, entered into a contract with Emig and Yates, by which he sold to them the said lots for the price of $4,800, to be paid in…
1Opinion of the CourtJustice Eakin
The principal question raised by this appeal is whether the lien of mechanics and materialmen for material and labor furnished in the construction of the building exists upon the lot after the destruction of the building by fire; the owner of the building being in possession of the lots under a contract of purchase, the title remaining in the vendor, and a large part of the purchase price of the lots being unpaid. We must look, first, to the terms of our statute as to how and when the lien will also include the land. Section 7416, L. O. L., provides:
“Every mechanic * * and other person * *…
2Cases cited2 opinions
- Humboldt Lumber Mill Co. v. CrispCalifornia Supreme Court · 1905
- Wigton & Brooks's AppealSupreme Court of Pennsylvania · 1857
3Cited by10 opinions
- Schram v. ManaryOregon Supreme Court · 1927
- Paget v. PetersOregon Supreme Court · 1930
- Albuquerque Lumber Co. v. Montevista Co.New Mexico Supreme Court · 1934
- St. Johns Lumber Co. v. PritzOregon Supreme Court · 1915
- Alley v. ErbachCourt of Appeals of Oregon · 1987
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