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ROBISON v. THATCHER

451 P.2d 863 (1969)

Mae E. ROBISON, Individually and As Successor in Interest to John B. Robison, Deceased, Dba R & M Construction Co., Respondent, v. Charles A. THATCHER and Verna M. Thatcher, Husband and Wife, Appellants.

Supreme Court of Oregon, Department 2.

Decided March 12, 1969.

Attorney(s) appearing for the Case

Jeannette Marshall, Medford, argued the cause for appellants. With her on the briefs was Joel B. Reeder, Medford.

William A. Mansfield, Medford, argued the cause and filed a brief for respondent.

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

GOODWIN, Justice.

Defendant home-owner appeals from a decree foreclosing a mechanic's lien.

The work for which the lien was claimed consisted of excavation preparatory to the construction of a dwelling house. The contract provided for excavation of a basement 52 feet by 28 feet, to a planned depth of eight feet or "to solid rock, whichever is first encountered." Surface rock was found on the building site. Accordingly, when the parties agreed to a contract...

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