Maynard v. Lange
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice Burnett. This is a suit by W. W. Maynard and J. E. Souvignier, partners, doing business as Maynard & Souvignier, against George W. Lange, to foreclose a contractor’s lien.
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From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Justice Burnett. This is a suit by W. W. Maynard and J. E. Souvignier, partners, doing business as Maynard & Souvignier, against George W. Lange, to foreclose a contractor’s lien. The plaintiffs, called for convenience the contractors, agreed in writing with the defendant, the owner, to erect for him a residence on certain real property in Multnomah County, Oregon, according to plans and specifications made part of the contract. A dispute having arisen as to whether the work was completed as stipulated, they filed a claim…
1Opinion of the CourtJustice Burnett
1. The first question for consideration is the effect to be given to the bond in question. We remember that the lien is claimed in favor of the contractors themselves, and not for any mechanic, materialman, laborer, or other person, besides contractors, mentioned in the statute. There are three stipulations in the bond: (1) That the contractors “shall indemnify and save harmless the owner from and against all or any lien or claim for which, if established, the owner 'of the said premises might become liable, and which is *563chargeable to the contractors”; (2) “and if they shall duly and promptly…
2Cases cited8 opinions
- Winder v. CaldwellSupreme Court of the United States · 1853
- Hannan v. GreenfieldOregon Supreme Court · 1899
- Richardson v. Investment Co.Oregon Supreme Court · 1913
- Young v. StickneyOregon Supreme Court · 1905
- Savannah & Charleston Railroad v. CallahanSupreme Court of Georgia · 1872
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3Cited by6 opinions
- Cont'nal Natl. Bk. of Ft. Worth v. ConnerTexas Supreme Court · 1948
- Birkemeier v. KnobelOregon Supreme Court · 1934
- Wolke v. SchmidtOregon Supreme Court · 1924
- De Vol v. Citizens' BankOregon Supreme Court · 1925
- Devlin v. Milwaukee Covenant ChurchOregon Supreme Court · 1976
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