Dallas Lumber & Supply Co. v. Phillips

The trial court decreed foreclosure of plaintiff’s alleged mechanics’ lien against a house owned by defendants Phillips. Defendant Graver is the contractor who built the house, defendant State Finance Co., has a mortgage on the property. Defendants appeal.

Defendants Phillips occupied the house on November 4, 1965. Plaintiff’s lien notice was filed on December 22, 1965. It is apparent that if the house were substantially completed on November 4, the plaintiff’s lien notice was not filed within the 45 days allowed by ORS 87.035.

Defendants Phillips and Gruver testified that on the date they…