Legal Opinion

Christman v. Salway

Oregon Supreme Court

Decided March 28, 1922PublishedCited by 48 opinions

From Multnomah.: Robert Tucker, Judge. Department 1. This suit involves the foreclosure of seven mechanics’ liens. Four of the claimants, namely, Christman, Portland Hardwood Floor Co., W. L. Stevens, and F. R. Sanders, were subcontractors and performed labor and furnished material, and have completely performed their subcontracts.

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From Multnomah.: Robert Tucker, Judge. Department 1. This suit involves the foreclosure of seven mechanics’ liens. Four of the claimants, namely, Christman, Portland Hardwood Floor Co., W. L. Stevens, and F. R. Sanders, were subcontractors and performed labor and furnished material, and have completely performed their subcontracts. Each of them failed to give notice to the owner, as required by the statute, that material was being furnished to the contractor, and that a lien might be claimed for such material. O. A. Phillips and C. E. Winston jointly claimed a lien for work and labor only. J.…

1Opinion of the CourtBand, J.

— Section 10191, Or. L., in effect provides that every person performing labor upon, or furnishing material of any kind, to be used in the construction, alteration, or repair, of any building, shall have a lien upon the same for the work or labor done, or material furnished, at the instance of the owner of the building, or his agent; it also in effect provides that every contractor or other person having charge of the construction in whole or in part, of any building, shall be held to be the agent of the owner for the purposes of the act; it requires every person furnishing material to any…

2Cases cited61 opinions

  1. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
  2. Davis v. AlvordSupreme Court of the United States · 1877
  3. Osborn v. LogusOregon Supreme Court · 1894
  4. Santa Monica Lumber & Mill Co. v. HegeCalifornia Supreme Court · 1897
  5. Title Guarantee Co. v. WrennOregon Supreme Court · 1899

56 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Timber Structures, Inc. v. C. W. S. Grinding & MacHine WorksOregon Supreme Court · 1951
  2. Anderson v. Chambliss Et Ux.Oregon Supreme Court · 1953
  3. H.A.M.S. Co. v. Electrical Contractors of Alaska, Inc.Alaska Supreme Court · 1977
  4. Schram v. ManaryOregon Supreme Court · 1927
  5. McCormack v. BertschingerOregon Supreme Court · 1925

43 more not listed; retrieve them via the Exa API.

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