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JOHNSTON v. ABBEY, INC.

445 P.2d 596 (1968)

Richard W. JOHNSTON, Dba Johnston Construction Co., Respondent, v. The ABBEY, INC., an Oregon Corporation, Appellant, and State Finance Co., an Oregon Corporation, Defendant.

Supreme Court of Oregon, Department 2.

Decided October 2, 1968.

Attorney(s) appearing for the Case

James H. Lewelling, Newport, argued the cause and filed a brief for appellant.

Eugene K. Richardson, Newport, argued the cause and filed a brief for respondent.

Before PERRY, C.J., and SLOAN and GOODWIN, JJ.

PER CURIAM.

Defendant appeals a decree foreclosing a mechanic's lien on a restaurant building. The principal issue on trial was whether the builder proved the cost-plus contract under which he claimed the sums for which he filed his lien. The evidence was sufficient to support all findings in favor of the builder.

The defendant also contends that the lien notice was defective in that it contained an alleged lumping of lienable and nonlienable items. The notice...

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