Marshall v. Cardinell
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Wolverton. This is a suit by James I. Marshall against Charles Cardinell.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Wolverton. This is a suit by James I. Marshall against Charles Cardinell. Plaintiff is the holder of two mechanic’s liens — one claimed by himself for labor and materials furnished one W. W. Allen, lessee, for the' repair of a certain building known as the “Avalon Cafe,” at Nos. 269, 269-^ and 271 Everett Street, Portland, Or., owned by tbe defendant, Charles Cardinell, and another claimed by Sutcliffe & Blied for work performed and materials furnished Allen in plastering, papering, and painting parts of the building.…
1Opinion of the CourtChief Justice Wolverton
The only questions urged here are, first, whether the evidence establishes the posting of any notice, as alleged; and, second, whether the notice, if posted, operated to give such notice of the owner’s refusal to become responsible for the cost of the improvement or repairs as is contemplated by statute.
1. The first question is entirely one of fact. The repairs consisted, among other things, in reconstructing the front of the building on the first floor; it being torn away, either partially ’or completely, and another put in of a different design. The plaintiff began work under his contract…
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