Legal Opinion

Capital Lumbering Co. v. Ryan

Oregon Supreme Court

Decided November 14, 1898PublishedCited by 19 opinions

From Marion : Henry H. Hewitt, Judge. Bill by the Capital Lumbering Co. against B. B. Byan, H. E. Noble, and others, to foreclose a lien. Plaintiff appeals.

1Opinion of the CourtJustice Bean

This is a suit to foreclose a mechanic’s lien. The facts are that on March 6, 1893, the defendant Byan, being the owner of lots 1 and 2, in block No. 44, in the City of Salem, gaye a mortgage thereon to the defendants, Easton and Chase, to secure the payment of $2,500, and, in April following, entered into a written contract with the plaintiff, wherein the company agreed to furnish the lumber then intended to be used in the construction of a building on one of the lots included in the mortgage, for the agreed sum of $666, and also such extra lumber as might be needed at the market price, to…

2Cases cited3 opinions

  1. Williams v. Santa Clara Mining Ass'n of Balt.California Supreme Court · 1884
  2. Pearce v. BuellOregon Supreme Court · 1892
  3. Kern v. HotalingOregon Supreme Court · 1895

3Cited by19 opinions

  1. Title Guarantee Co. v. WrennOregon Supreme Court · 1899
  2. Brand v. First Federal Savings & Loan Ass'n of FairbanksAlaska Supreme Court · 1970
  3. Hughes Brothers v. HooverCalifornia Court of Appeal · 1906
  4. Shea v. GravesOregon Supreme Court · 1933
  5. Copp v. MillenCalifornia Supreme Court · 1938

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