Brown v. Ruhl

Defendant McKenzie appeals from a decree foreclosing plaintiffs’ construction lien. We reverse.

Plaintiffs operate a rental equipment company. In April and May, 1983, they rented equipment to defendant Ruhl, who had contracted with McKenzie to paint McKenzie’s barn. Ruhl did not pay plaintiffs. On July 7,1983, they filed a lien on McKenzie’s barn under ORS 87.010 and subsequently brought this action to foreclose the lien. McKenzie appeals the decree of foreclosure. Ruhl did not appeal the default judgment entered against him.

McKenzie argues that plaintiffs were required under ORS 87.021(1) to…