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MERCER STEEL CO. v. PARK CONSTRUCTION CO.

242 Or. 596 (1966)

411 P.2d 262

MERCER STEEL CO. v. PARK CONSTRUCTION COMPANY ET AL, SECURITY BANK OF OREGON, MONTAVILLA LUMBER CO.

Supreme Court of Oregon.

Affirmed February 16, 1966.

Attorney(s) appearing for the Case

Robert J. Johnston, Portland, argued the cause and submitted a brief for appellant.

Roscoe C. Nelson, Portland, argued the cause for respondent. With him on the brief was Leo Levenson, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN and SCHWAB, Justices.

AFFIRMED.

SCHWAB, J. (Pro Tempore).

This is an appeal from a decree foreclosing a materialman's lien. In July of 1962 the Park Construction Company commenced construction of a single family residence, obtaining lumber and other materials from Montavilla Lumber Co., defendant-respondent. On September 20, 1962, Park Construction Company mortgaged the premises, the mortgage being concurrently sold and assigned to Security Bank of Oregon, defendant-appellant....

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