BRICE MORTGAGE CO. v. WODTKE ET AL


215 Or. 192 (1958)

332 P.2d 1044

BRICE MORTGAGE CO. v. WODTKE ET AL and BADGER ET AL

Supreme Court of Oregon.

Affirmed December 17, 1958.

Petition for rehearing denied December 31, 1958.


Attorney(s) appearing for the Case

Arthur H. Lewis, Portland, argued the cause for respondents. With him on the brief was Edward B. Twining, Portland.

Glenn D. Ramirez, Klamath Falls, argued the cause for appellants. With him on the brief was Robert G. Danielson, Klamath Falls.

Before PERRY, Chief Justice, and ROSSMAN, McALLISTER and O'CONNELL, Justices.


AFFIRMED.

PER CURIAM.

This is a suit in equity brought by Brice Mortgage Company, as plaintiff, to foreclose a mortgage on a house and lot in Klamath Falls. The appealing defendants, C.R. Badger and D.B. Barker, claimed a mechanic's lien against the property and filed a cross-complaint to foreclose their lien. When the case came on for trial, plaintiff moved for a judgment on the pleadings against said defendants. The motion was allowed and from the decree...

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