McInnis v. Buchanan
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. This is a suit by Alex. McInnis and E. G. Reed, partners doing business under the firm name of McInnis & Reed, against D. E. Buchanan to foreclose a mechanic’s lien upon defendant’s building and lot. From a decree in favor of plaintiffs, both parties appeal; the defendant being designated herein as appellant. Statement by Mr. Justice Slater.
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From Multnomah: Arthur L. Frazer, Judge. This is a suit by Alex. McInnis and E. G. Reed, partners doing business under the firm name of McInnis & Reed, against D. E. Buchanan to foreclose a mechanic’s lien upon defendant’s building and lot. From a decree in favor of plaintiffs, both parties appeal; the defendant being designated herein as appellant. Statement by Mr. Justice Slater. Plaintiffs entered into a written contract with the defendant to construct for him, at an agreed price of $53,294, a six-story brick building upon certain property owned by him in the City of Portland. The contract…
1Opinion of the CourtJustice Slater
1. An objection is now presented for the first time that the complaint is fatally defective, because it is not stated therein that the alleged final certificate given by the architect to plaintiffs was never presented to the defendant, or that he had any knowledge of its existence before the commencement of the suit. The cases of Weeks v. O’Brien, 141 N. Y. 199 (36 N. E. 185) and Coey v. Lehman, 79 Ill. 173, 176, are cited in support of this contention, but neither of them, when applied to the facts, go so far as claimed by counsel. The former case is put upon the ground that the complaint…
2Cases cited4 opinions
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Wright v. Conservative Invest. Co.Oregon Supreme Court · 1907
- Coey v. LehmanIllinois Supreme Court · 1875
- Walker v. NewtonWisconsin Supreme Court · 1881
3Cited by5 opinions
- State v. GanongOregon Supreme Court · 1919
- Halvorson v. Blue Mountain Prune Growers CooperativeOregon Supreme Court · 1950
- Squires v. Modern BrotherhoodOregon Supreme Court · 1913
- Halvorson v. Blue Mt. Prune Growers Co-Op.Oregon Supreme Court · 1949
- Halvorson v. Blue Mountain Prune Growers CooperativeOregon Supreme Court · 1950