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3 Or. 372

Wilcox v. Keith

Multnomah County Circuit Court, Oregon

Decided November 15, 1871

Multnomah County Circuit Court, Oregon · decided 1871-11-15

In a proceeding under the statute to enforce a mechanics* lien, the complaint alleged that the contract was made with said M. Keith, as owner of the building. The defendant demurred.

Decided 1871-11-15

¶1By the Court,

Upton, J.

¶2It is a material point that the contract be made witb tbe owner of tbe building, and unless it is so made there is no lien. Tbe complaint should show every fact requisite to establish tbe existence of tbe lien. It should be direct and certain as to tbe allegation tbat tbe contract was made witb tbe owner of tbe building; or, to use tbe language of tbe statute, it must be made witb tbe owner of tbe building, “or witb tbe agent of such owner.”

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