Fitch v. Howitt
Oregon Supreme Court
From Multnomah: Loyal B. Stearns, Judge. This is a suit by Fitch & Bryson to foreclose a mechanic’s lien for materials furnished defendant J. F. McHenry, to be used in a house he was erecting upon the land of the defendant Joseph Howitt, under a contract with the latter.
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From Multnomah: Loyal B. Stearns, Judge. This is a suit by Fitch & Bryson to foreclose a mechanic’s lien for materials furnished defendant J. F. McHenry, to be used in a house he was erecting upon the land of the defendant Joseph Howitt, under a contract with the latter. The defendants, F. E. Beach, H. A. Hogue and Nottingham & Company, having furnished to the contractor materials to be used in the construction of said building, filed claims for the value thereof, respectively, as follows: $273.05, $392.87 and $32, — and, severally answering the complaint, set up, by way of cross bill, the…
1Opinion of the CourtChief Justice Moore
It is contended by Howitt’s counsel that Beach and Hogue knew that certain material furnished by them, respectively, was not used in the building, and that the claims therefor were therefore willfully false; that, *404while Nottingham & Company filed their claim within 30 days from the completion of the building, more than that period had elapsed after such material was furnished, and for these reasons no lien attached in either case to the real property sought to be incumbered in this statutory method. Counsel for Beach and Hogue jointly maintain that the material provided by their clients was…
2Cases cited9 opinions
- Harrisburg Lumber Co. v. WashburnOregon Supreme Court · 1896
- Pilz v. KillingsworthOregon Supreme Court · 1891
- George Ainslie & Co. v. Bertha Kohn & Thompson, De Hart & Co.Oregon Supreme Court · 1888
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- Gordon v. DealOregon Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Christman v. SalwayOregon Supreme Court · 1922
- Drake Lumber Co. v. Paget Mortgage Co.Oregon Supreme Court · 1954
- Valley Lumber & Manufacturing Co. v. NickersonIdaho Supreme Court · 1907
- Coffey v. SmithOregon Supreme Court · 1908
- James A. C. Tait & Co. v. StrykerOregon Supreme Court · 1926
17 more not listed; retrieve them via the Exa API.