Peerless Pacific Co. v. Rogers
Oregon Supreme Court
From Marion: William Galloway, Judge. In Banc. Statement by Mb. Justice Bean. On October 7, 1915, the Peerless Pacific Company, plaintiff herein, filed a mechanic’s lien in the office of the county clerk of Marion County, Oregon, in the sum of $149.67, against W. H. Rogers, a contractor, and R. R. Ryan and Lizzie P. Ryan, the owners of property known as the “Ryan Markets” in the City of Salem. A suit was filed to foreclose this lien. The complaint is in the usual form.
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From Marion: William Galloway, Judge. In Banc. Statement by Mb. Justice Bean. On October 7, 1915, the Peerless Pacific Company, plaintiff herein, filed a mechanic’s lien in the office of the county clerk of Marion County, Oregon, in the sum of $149.67, against W. H. Rogers, a contractor, and R. R. Ryan and Lizzie P. Ryan, the owners of property known as the “Ryan Markets” in the City of Salem. A suit was filed to foreclose this lien. The complaint is in the usual form. The answer of the defendants R. R. Ryan and Lizzie P. Ryan consists of a general denial. The cause was tried, and the Circuit…
1Opinion of the CourtJustice Bean
1, 2. The question is principally one of fact. Mr. R. "W. Nelson, the cashier and creditman for the plaintiff company, testified that Rogers purchased the material set forth in the lien to be used in the Ryan Markets, and that it was shipped with that understanding; that it was shipped between April 16, 1914, and June 27th of that year; and that the company would not extend credit to Mr. Rogers, the contractor, except in cases where he had contracts in order that he might complete them. His testimony is practically uncontradicted, save that the materials sent in April are claimed to have been…
2Cases cited7 opinions
- Schmidt v. MesmerCalifornia Supreme Court · 1897
- Allen v. ElwertOregon Supreme Court · 1896
- Eufaula Water Co. v. Addyston Pipe & Steel Co.Supreme Court of Alabama · 1889
- Hume v. Seattle Dock Co.Oregon Supreme Court · 1914
- Bassett v. BertorelliTennessee Supreme Court · 1893
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- Queensboro Steel Corp. v. East Coast MacHine & Iron Works, Inc.Court of Appeals of North Carolina · 1986
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