Legal Opinion

Hume v. Seattle Dock Co.

Oregon Supreme Court

Decided January 6, 1914PublishedCited by 12 opinions

From Multnomah: "William N". Gatens, Judge. Statement by Mr. Justice Eakin. This is a suit by R. A. Hume against the Seattle Dock Company, a corporation, The Northwestern Mutual Life Insurance Company, a corporation, and B. E. Hayman, trustee of Maclte Fireproofing Company, a corporation, and Maclte Fireproofing Company, a corporation, to foreclose a materialman’s lien.

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From Multnomah: "William N". Gatens, Judge. Statement by Mr. Justice Eakin. This is a suit by R. A. Hume against the Seattle Dock Company, a corporation, The Northwestern Mutual Life Insurance Company, a corporation, and B. E. Hayman, trustee of Maclte Fireproofing Company, a corporation, and Maclte Fireproofing Company, a corporation, to foreclose a materialman’s lien. At the time of the transactions here in controversy the Seattle Dock Company was the owner of the property known as the “Chamber of Commerce Building,” in Portland, Oregon. On August 15, 1910, it contracted in writing with the…

1Opinion of the CourtJustice Eakin

Several points are urged on this appeal but may all be covered by three principal grounds of defense: (1) When an owner of a building makes a contract with a builder containing a stipulation that no mechanics’ liens shall be filed, such a stipulation by the contractor binds or precludes the laborers, materialmen or subcontractors from filing a lien for labor or material furnished and used in the construction of the building; (2) that the materials furnished by the plaintiff, namely, sand and cement, from which the cement blocks and the tile were constructed, were not lienable; (3) that the…

2Cases cited15 opinions

  1. Schmidt v. MesmerCalifornia Supreme Court · 1897
  2. Cole Manufacturing Co. v. FallsTennessee Supreme Court · 1891
  3. Allen v. ElwertOregon Supreme Court · 1896
  4. Schroeder v. GallandSupreme Court of Pennsylvania · 1890
  5. Harrisburg Lumber Co. v. WashburnOregon Supreme Court · 1896

10 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Oregon Lumber & Fuel Co. v. NolanOregon Supreme Court · 1914
  2. Myers v. Strowbridge Estate Co.Oregon Supreme Court · 1916
  3. Morin Lumber Co. v. PersonMontana Supreme Court · 1940
  4. St. Johns Lumber Co. v. PritzOregon Supreme Court · 1915
  5. Peerless Pacific Co. v. RogersOregon Supreme Court · 1916

7 more not listed; retrieve them via the Exa API.

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