Sellwood Lumber & Manuf'g Co. v. Monell

• Decision Date: 29 October 1894
• Citation: 26 Or. 267,38 P. 66
• Parties: SELLWOOD LUMBER & MANUF'G CO. v. MONELL et al.
• Court: Oregon Supreme Court

38 P. 66

26 Or. 267

SELLWOOD LUMBER & MANUF'G CO. v. MONELL et al.

Supreme Court of Oregon

October 29, 1894

Appeal from circuit court, Multnomah county; Loyal B. Stearns Judge.

Action by Sellwood Lumber & Manufacturing Company against Carrie M Monell and others to foreclose a mechanic's lien. Judgment for defendants. Plaintiff appeals. Affirmed.

Dell Stuart, for appellant.

F.L Keenan, for respondents.

PER CURIAM.

This is a suit to foreclose a mechanic's lien. The facts show that on May 27, 1892, the defendant Carrie M Monell, being the owner of lot 6 in block 4 of McGuire's addition to Portland, entered into a contract with one H.B Parsons, by the terms of which he undertook to furnish the necessary materials and erect a dwelling house for her on said lot; that the defendant W.M. Ireland, who was in no way connected with the construction of said house, falsely representing to the manager of the plaintiff corporation that he owned said lot, and intended to build a house thereon requested him to furnish such lumber to Parsons as he might order for that purpose, and the said manager, relying upon the representations so made to him, agreed to furnish the lumber, and accept in part payment therefor paid-up insurance policies upon plaintiff's property, to be obtained by Ireland; that Ireland, being indebted to Parsons in the sum of $250, and unable to pay the same, represented to him that he had made a contract with the plaintiff whereby it had agreed to furnish lumber in consideration of the insurance of its property, and offered to transfer said lumber to Parsons in payment of his debt, which offer was accepted; that Parsons, believing he was to obtain lumber from the plaintiff upon Ireland's account, ordered, and the plaintiff hauled and delivered, lumber on said lot, of the value of $234.66, which it charged to Ireland upon its books, under the agreement for insurance, and which lumber Parsons used in the construction of Mrs. Monell's house; that Ireland having failed to procure any paid-up policies of insurance on plaintiff's property, or to pay any part of said account for the lumber, the plaintiff filed its claim of lien upon said lot and building, and commenced this suit for its foreclosure, making M.E. Rosenstein, Mrs. Monell's grantee and successor in interest, a party thereto. The cause was tried before the court, which found that the claim of lien represented W.M. Ireland as the...