Trullinger v. Kofoed
Oregon Supreme Court
The respondent Trullinger furnished Kofoed certain materials for a building in Astoria, amounting to nine hundred and three dollars and thirty-six cents, for which he claimed a lien upon the building and lot. He included in his account an item of thirteen thousand one hundred and twenty-five feet of lumber which was not used in the building, but was used in constructing streets adjacent thereto.
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The respondent Trullinger furnished Kofoed certain materials for a building in Astoria, amounting to nine hundred and three dollars and thirty-six cents, for which he claimed a lien upon the building and lot. He included in his account an item of thirteen thousand one hundred and twenty-five feet of lumber which was not used in the building, but was used in constructing streets adjacent thereto. The respondent Runey furnished material and performed work on the building in question, for which he took the promissory note of Kofoed, secured by mortgage. On the same day, March 16, 1877, Runey…
1Opinion of the Court
By the Court,
Boise, J.:
This case being at issue was referred to Frank J. Taylor to take the testimony and report the facts to be found by him to the court. And among other findings made by the said referee are the following on which the questions made in this case arise, to wit:
1. That between the first of August, 1876, and the eleventh day of October, 1876, plaintiff, J. O. Trullinger, furnished to defendant, N. Kofoed, • boards, timbers, lumber and building materials to be used, and which were used, in the construction of the building described in the complaint, to the value of seven…
2Cases cited6 opinions
- Gilman v. BrownU.S. Circuit Court for the District of Massachusetts · 1817
- Barrows v. BaughmanMichigan Supreme Court · 1861
- Gardner v. HallIllinois Supreme Court · 1862
- Lagow v. BadolletIndiana Supreme Court · 1826
- Gorman v. SagnerSupreme Court of Missouri · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Christman v. SalwayOregon Supreme Court · 1922
- Martin v. BeckerCalifornia Supreme Court · 1915
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
- Anderson v. GriffithOregon Supreme Court · 1908
- Willison v. DouglasCourt of Appeals of Maryland · 1886
12 more not listed; retrieve them via the Exa API.