Barr v. World Keepfresh Co.
Oregon Supreme Court
From Washington: James U. Campbell, Judge. Statement by Mr. Justice Bean. This is a suit by Theo. M. Barr against the World ICeepfresh Company to foreclose a mechanic’s lien on lots 5 and 6, block 8, Fair View Addition to the City of Hillsboro, Washington County, Oregon, together with the structure erected thereon.
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From Washington: James U. Campbell, Judge. Statement by Mr. Justice Bean. This is a suit by Theo. M. Barr against the World ICeepfresh Company to foreclose a mechanic’s lien on lots 5 and 6, block 8, Fair View Addition to the City of Hillsboro, Washington County, Oregon, together with the structure erected thereon. The lien was filed by the plaintiff September 26, 1912, for services rendered and materials furnished by him to the defendant in the construction of a dryer, between August 8 and September 11, 1912, as stated in the notice of lien and in the complaint. The claim amounted to…
1Opinion of the CourtJustice Bean
1. It is the position of defendant:
“That no lien was created in favor of the plaintiff under the lien notice filed by him, the claimant having mingled therein lienable and nonlienable items in a lumping charge, there being no means of ascertaining from the notice itself the amount of nonlienable items, or of segregating the same from the lienable items.”
When the lien notice contains merely a lumping charge of the amount demanded, consisting of both lienable and nonlienable items, and there is no means of ascertaining the latter from the lien notice itself, it has often been held that no lien…
2Cases cited9 opinions
- Schmidt v. MesmerCalifornia Supreme Court · 1897
- Harrisburg Lumber Co. v. WashburnOregon Supreme Court · 1896
- Hughes v. LansingOregon Supreme Court · 1898
- City of Salem v. Lane & Bodley Co.Illinois Supreme Court · 1901
- Stewart v. SpaldingOregon Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Christman v. SalwayOregon Supreme Court · 1922
- Timber Structures, Inc. v. C. W. S. Grinding & MacHine WorksOregon Supreme Court · 1951
- Mathis v. Thunderbird Village, Inc.Oregon Supreme Court · 1964
- Andersen v. TurpinOregon Supreme Court · 1943
- Shea v. GravesOregon Supreme Court · 1933
2 more not listed; retrieve them via the Exa API.