Opinion

Oregon Lumber & Fuel Co. v. Nolan

  • 75 Or. 69
  • 143 P. 935
  • 1914 Ore. LEXIS 386
Court
Oregon Supreme Court
Filed
Sep 8, 1914
Status
Published
Author
Moore
On the bench
Bamset, Burnett, McBride, Moore, Took
Cited by
21 cases
Authority
More cited than 16.6%

The opinion

Former opinion sustained February 23, 1915.

On Behearing.

( 146 Pac. 474 .)

A rehearing was allowed in this case on October 6, 1914, and reargued and submitted January 26, 1915.

Former Opinion Sustained on Behearing.

On rehearing there was a brief and an oral argument by Mr, B. J. Eowlmid.

On rehearing there was a brief over the names of Messrs. Lewis & Lewis, Messrs. Cake & Cake and Messrs. Seitz & Clark, with oral arguments by Mr. Arthur E. Lewis, Mr. John T. McKee and Mr. Maurice W. Seitz.

*82 In Banc. Opinion of

Mr. Chief Justice Moore.

A rehearing in this canse was granted in order to determine the sufficiency of the several lien notices involved herein. In East Side Mill & Lumber Co. v. Wilcox, 69 Or. 266 ( 138 Pac. 843 ), it was held that a notice of mechanic’s lien for material furnished which did not state of what the material consisted, other than by reference to invoices rendered to the contractor, and not to the owner, was insufficient. If the rule thus promulgated is to prevail, it is possible that some of the notices filed might not create a lien upon the defendant’s real property. Though the legal principle so announced is amply supported by the decisions of many courts of last resort in other states, it is believed the rule is carried too far and should not govern the decision- of this cause. A careful examination of this question, aided by the briefs of counsel for the respective parties, and supplemented by argument at the rehearing, leads to the conclusion that the several notices sufficiently comply with all the requirements of the statute relating to the manner of perfecting mechancis’ liens, and conform to the previous decisions of this court in respect thereto.

The former opinion herein is adhered to.

Former Opinion Sustained.

Mr. Justice Burnett took no part in the rehearing of this cause.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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