Legal Opinion

Columbia River Door Co. v. Todd

Oregon Supreme Court

Decided October 15, 1918Published

Erom Multnomah: Robert Gr. Morrow, Judge. Department 1. This is a suit to foreclose a mechanic’s lien.- The complaint alleges, substantially, that Q-. A. Morrison,, doing business under the name of “Gr.

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Erom Multnomah: Robert Gr. Morrow, Judge. Department 1. This is a suit to foreclose a mechanic’s lien.- The complaint alleges, substantially, that Q-. A. Morrison,, doing business under the name of “Gr. A. Morrison Lumber Company, ’ ’ at the special instance and request of E. P. Preble, contractor and agent of the defendant W. F. Todd, owner of the land, sold and delivered certain building materials, consisting of lumber, hardware, paint, doors and mirrors, to be used in, and which were used in the construction of two certain buildings; that the reasonable value of the materials so furnished…

1Opinion

Denied November 19, 1918.

Petition for Behearing.

(175 Pac. 860.)

On petition for rehearing. Denied.

Mr. John R. Hughes, Mr. Leslie 8. Parker and Messrs. Lewis, Lewis é Finnigan, for the petition.

Mr. Allen R. Joy and Mr. L. E. Crouch, contra.

BENSON, J.

6. In the original opinion herein occurs the following language:

“The complaint alleges that $300 is a reasonable sum to be allowed as attorney’s fees for foreclosing the lien, and this amount is denied by the answer. No evidence was offered upon the issue so joined and therefore nothing can be allowed thereon: Guernsey v. Marks, 55 Or. 323 (106 Pac.…

2Cases cited13 opinions

  1. Mulcahy v. BuckleyCalifornia Supreme Court · 1893
  2. Bradtfeldt v. CookeOregon Supreme Court · 1895
  3. Waymire v. ShipleyOregon Supreme Court · 1908
  4. Lassas v. McCartyOregon Supreme Court · 1906
  5. Wright v. Conservative Invest. Co.Oregon Supreme Court · 1907

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