Boise-Payette Lumber Co. v. Dominican Sisters of Ontario & German American Trust Co.
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. The object of this suit is the foreclosure of a lien by the plaintiff upon the property of the defendant. Plaintiff Boise-Payette Lumber Company, a private corporation extensively engaged in the manufacture and sale of lumber, conducts a yard at Ontario, Oregon, for the sale of lumber and other building material. The Dominican Sisters, a corporation, defendant herein, conducts a hospital in the City of Ontario, Oregon.
Read the full summary
From Malheur: Dalton Biggs, Judge. In Banc. The object of this suit is the foreclosure of a lien by the plaintiff upon the property of the defendant. Plaintiff Boise-Payette Lumber Company, a private corporation extensively engaged in the manufacture and sale of lumber, conducts a yard at Ontario, Oregon, for the sale of lumber and other building material. The Dominican Sisters, a corporation, defendant herein, conducts a hospital in the City of Ontario, Oregon. Between the fourth day of February and the thirteenth day of June, 1918, the plaintiff, at the instance of one William Kercher,…
1Opinion of the CourtBrown, J.
At the beginning, we shall observe that we.are not deciding whether the defendant is liable to plaintiff in an action at law for the building material furnished by plaintiff and used in the construction of St. Joseph’s Home for Old People. The matter before us for consideration involves the single question of plaintiff’s right to a statutory lien provided for by Section 10191, Or. L., reading in part as follows:
“Every * * lumber merchant * * furnishing material * * to be used in the construction * * of any building * * shall have a lien upon the same for the * * material furnished at the…
2Cases cited20 opinions
- Connell v. McLoughlinOregon Supreme Court · 1895
- Pilz v. KillingsworthOregon Supreme Court · 1891
- Brace & Hergert Mill Co. v. BurbankWashington Supreme Court · 1915
- Gordon v. DealOregon Supreme Court · 1892
- Hughes v. LansingOregon Supreme Court · 1898
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Young v. NEILLOregon Supreme Court · 1950
- J. C. Corbin Co. v. PrestonOregon Supreme Court · 1923
- Schram v. ManaryOregon Supreme Court · 1927
- Nicolai-Neppach Co. v. PooreOregon Supreme Court · 1926
- Elvalsons v. Industrial Covers, Inc.Oregon Supreme Court · 1974
12 more not listed; retrieve them via the Exa API.