BUILDERS APPLIANCE SUPPLY CO. v. A.R. JOHN CONST.


455 P.2d 615 (1969)

BUILDERS APPLIANCE SUPPLY COMPANY, a Corporation, Respondent, v. A.R. JOHN Construction Company, a Corporation, Defendant, and John H. Benward and Sylvia C. Benward, Husband and Wife, Appellants.

Supreme Court of Oregon, Department 2.

Decided June 11, 1969.


Attorney(s) appearing for the Case

Adrian D. Newton, Portland, argued the cause for appellants. On the briefs was Warde H. Erwin, Portland.

Norman Wapnick, Portland, argued the cause for respondent. On the brief were Sussman, Shank & Wapnick, Portland.

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


PERRY, Chief Justice.

This is a suit to foreclose a materialman's lien. The plaintiff at the request of A.R. John Construction Company [hereinafter referred to as the Construction Company] delivered to the home of the defendants Benward [hereinafter referred to as defendants] a dishwasher, rangehood and garbage disposal unit. The dishwasher and rangehood were to replace existing kitchen equipment; the disposal unit was an addition.

The Construction Company...

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