Nicolai-Neppach Co. v. Poore

CO SHOW, J. —

It has become the settled law of this state that where a materialman furnishes material for a building to be erected on land belonging to a person other than the purchaser of such material in order to effect a lien on the owner’s interest in the real property it is necessary to give the notice prescribed by statute: Or. L„, § 10191. It is also well settled that where the material is furnished directly to the owner of the fee that such notice is not required: Boise-Payette Lumber Co. v. Dominican Sisters, 102 Or. 314 (202 Pac. 554).

It is contended by appellant Wilhoit Springs…