Legal Opinion · Concurrence

Brazier Forest Products, Inc. v. Northern Transport, Inc.

Washington Supreme Court

Decided September 4, 1986No. 51847-5Published

1ConcurrenceDurham, J.

(concurring in part; dissenting in part) — I agree that logger's liens and stumpage liens have priority over a security interest arising under the Uniform Commercial Code. However, I do not agree that entities, other than individuals who actually perform physical labor, may claim logger's liens under RCW 60.24.020, and I dissent to that section of the majority opinion.

The majority overrules Campbell v. Sterling Mfg. Co., 11 Wash. 204, 39 P. 451 (1895), in which this court held that a person who employs others to work on logs or other timber but does not perform the labor himself may not claim…

2Cases cited14 opinions

  1. Dean v. McFarlandWashington Supreme Court · 1972
  2. Blumauer v. ClockWashington Supreme Court · 1901
  3. Diamond National Corporation v. Dale Lee, Trustee in BankruptcyCourt of Appeals for the Ninth Circuit · 1964
  4. De Gooyer v. Northwest Trust & State BankWashington Supreme Court · 1924
  5. Garneau v. Port Blakely Mill Co.Washington Supreme Court · 1894

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API