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MATHEWS v. BORSCHOWA

238 Or. 175 (1964)

393 P.2d 773

MATHEWS v. BORSCHOWA ET UX

Supreme Court of Oregon.

Affirmed July 8, 1964.

Attorney(s) appearing for the Case

Gerald H. Robinson, Portland, argued the cause for appellant. With him on the brief was Robert Lohman, Portland.

George P. Haley, Portland, argued the cause and filed a brief for respondents.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

PER CURIAM.

In this suit to foreclose a mechanic's lien for labor plaintiff conceded that his claim for a lien included labor not performed for defendants. The trial court dismissed the suit. Plaintiff appeals.

Plaintiff claims that his evidence entitled him to a judgment for the actual amount of labor he did perform, as in Wiggins v. Southwood Park Corp. et al, 1960, 221 Or...

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