Winters v. Privett
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff was a contractor for the alteration of the Hotel Pendleton and employed the defendants Privett and Noble, partners doing business as Pendleton Electric Supply House, to install necessary electrical devices in the building.
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From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff was a contractor for the alteration of the Hotel Pendleton and employed the defendants Privett and Noble, partners doing business as Pendleton Electric Supply House, to install necessary electrical devices in the building. These subcontractors gave a bond to the plaintiff in the sum of $500 with the defendant American Surety Company as surety, conditioned for the faithful performance of their auxiliary undertaking. The complaint alleges that after the subcontractors had entered upon their…
1Opinion of the CourtJustice Burnett
So far as the bill of exceptions is concerned, we are called upon to review the testimony and ascertain if there is any of it which will support the findings of the court. The dispute about the facts as recorded before us was to the effect that the electrical supplies for which the Western Electric Company claimed a lien *505were not sold particularly for the Hotel Pendleton, but were disposed of to Privett and Noble in the ordinary course of business on an open account; and hence that the transaction did not constitute one from which a mechanic’s lien could be derived. We are free to say that…
2Cases cited11 opinions
- Giaconi v. City of AstoriaOregon Supreme Court · 1911
- Booth v. MoodyOregon Supreme Court · 1896
- Van De Wiele v. GarbadeOregon Supreme Court · 1912
- Prudential Trust Co. v. Merchants' Nat. BankOregon Supreme Court · 1913
- Lindstrom v. National Life Ins.Oregon Supreme Court · 1917
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3Cited by5 opinions
- Rayburn Et Ux. v. Crawford Et Ux.Oregon Supreme Court · 1949
- Pearson v. RichardsOregon Supreme Court · 1922
- Owen v. BradleyOregon Supreme Court · 1962
- Duby v. HicksOregon Supreme Court · 1922
- Teshner v. RoomeOregon Supreme Court · 1922