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25 Or. 49

Dillon v. Hart

Oregon Supreme Court

Decided November 20, 1893

Oregon Supreme Court · decided 1893-11-20

Stearns, Judge. Suit by H. E. Dillon against J. D. Hart and C. 0. Newcastle to enforce an alleged lien for material said to have been furnishe.d to Cramer & Krupke, who were erecting a building on the land of the defendants. Decree for plaintiff, and defendants appeal.

Relies on Rankin v. Malarkey

Good law ✅— No negative treatment on recordhow we know

Beversed · Decided 1893-11-20

How this case has been cited

Cited by 7 later decisions — most recently March 1934

7 state decisions

3018931900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion by

Mr. Justice Bean.

¶2This is a suit by a sub-contractor to foreclose a mechanic’s lien upon the real property of the defendants for labor and material furnished and used in the construction of a building thereon. The portion of the claim of lien material to the question presented on this appeal, is as follows:—

¶3“ Know all men by these presents, that I, H. E. Dillon, of the city of Portland, in the county of Multnomah, state of Oregon, have, by virtue of a contract heretofore made with Cramer & Krupke, partners, of Portland, of the county of Multnomah, Oregon, who were the contractors and agents of J. D. Hart and 0. 0. Newcastle, and J. D. Hart and C. C. Newcastle were the owners and principals in the building and furnishing the material of a certain house, the ground upon which said house was built and material furnished at the time the property of J. D. Hart and C. C. Newcastle, who caused the said house to be built and material furnished.”

¶4This notice of lien is clearly insufficient within the rule announced in Rankin v. Malarkey, 23 Or. 593, 34 Pac. 816, 32 Pac. 620, and because it does not state, either directly or by necessary inference, to whom he furnished material, or for whom he furnished the labor for which he seeks to enforce the lien, or, in fact, that he furnished any material or performed any labor on the building of the defendants. Under the provisions of the statute it is essential to the validity of a mechanic’s lien that the claim thereof as filed contains a statement of such claim . and the person to whom claimant furnished material or for whom he performed labor, and, without such a statement, it is insufficient and cannot be enforced. For these *51reasons the decree of the ■ court below must be reversed, and the complaint dismissed. Reversed.

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