Legal Opinion

Auld v. Starbard

Oregon Supreme Court

Decided June 18, 1918PublishedCited by 10 opinions

From Lane: George F. Skipworth, Judge. Department 2. This is a suit to foreclose an alleged lien. The facts are that the defendants Leroy F. Straight and Hannah F., his wife, at all the times stated herein, were the owners in fee of the east 80 feet of lot 1 in Block 4 of Christian’s Addition to the City of Eugene, Oregon, and on March 11, 1915, they entered into a contract with the defendant, F. S. Starbard, who stipulated to furnish the material and erect for them upon the…

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From Lane: George F. Skipworth, Judge. Department 2. This is a suit to foreclose an alleged lien. The facts are that the defendants Leroy F. Straight and Hannah F., his wife, at all the times stated herein, were the owners in fee of the east 80 feet of lot 1 in Block 4 of Christian’s Addition to the City of Eugene, Oregon, and on March 11, 1915, they entered into a contract with the defendant, F. S. Starbard, who stipulated to furnish the material and erect for them upon the land a two story apartment house. Starbard thereupon made an agreement with the plaintiffs, David Auld and H.'C. Auld,…

1Opinion of the Court

MOORE, J. —

Chapter 185, Gen. Laws Or. 1915, was evidently patterned after an act of the legislative assembly of the State of Washington, approved March 4, 1909 (Laws Wash. 1909, Chap. 45), and incorporated in Rem. & Bal. Code as Section 1133, the material parts of which read:

“Every person furnishing material or supplies to be used in the construction, alteration or repair of any * * building * * shall, at the time such material or supplies are delivered to any person or contractor, deliver or mail to the owner, or reputed owner, of the property, on, upon or about which said materials or…

2Cases cited6 opinions

  1. Weaver v. SellsSupreme Court of Kansas · 1873
  2. Willamette Falls Transportation & Milling Co. v. RileyOregon Supreme Court · 1855
  3. Johnson v. TuckerOregon Supreme Court · 1917
  4. Benbow v. James JohnsOregon Supreme Court · 1910
  5. Finlay v. TagholmWashington Supreme Court · 1910

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

3Cited by10 opinions

  1. Wilmington Trust FSB v. A1 Concrete Cutting & Demolition, LLCNevada Supreme Court · 2012
  2. Schram v. ManaryOregon Supreme Court · 1927
  3. Boise-Payette Lumber Co. v. Dominican Sisters of Ontario & German American Trust Co.Oregon Supreme Court · 1921
  4. Phillips v. GravesOregon Supreme Court · 1931
  5. North Side Lumber Co. v. Industrial Indemnity Co. (In Re North Side Lumber Co.)United States Bankruptcy Court, D. Oregon · 1986

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