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STATE EX REL. NILSEN v. HOFF

474 P.2d 11 (1970)

STATE of Oregon, ex rel. N.O. Nilsen, Commissioner of the Oregon Bureau of Labor, Assignee of Werner B. Kernspeck, Paul Galle, Leonard C. Bennett, John P. McAndrews, Jr., Francis E. Schuman and James Hearty, Respondent, v. Carl Preston HOFF, Jr. and Enola Hoff, Husband and Wife, Appellants, Henry Tates, Dba H & T Construction Company, Wallace F. MacRitchie and Lillie M. MacRitchie, Husband and Wife, Pacific Building Materials, Division of Glacier Sand & Gravel Co., Stransky Lumber & Hardware Co., Inc., Alex Eaden, Multnomah County, Oregon, Defendants.

Court of Appeals of Oregon, Department 1.

Decided September 10, 1970.

Attorney(s) appearing for the Case

Allen L. Fallgren, Portland, argued the cause for appellants. With him on the brief was Robert L. McKee, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and BRANCHFIELD, JJ.

SCHWAB, Chief Judge.

This is an appeal by a property owner from a decree foreclosing five separate labor liens for unpaid wages. None of the four assignments of error have merit.

The first assignment of error is that proper notice of intent to foreclose was not given. The relevant statute is ORS 87.020(3), which provides: "Every plaintiff * * * in a suit to foreclose a lien * * * shall plead and prove that a notice in writing * * * was mailed or delivered...

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