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BROWN v. FARRELL

483 P.2d 453 (1971)

Darryl V. BROWN, Nellie M. Brown, and Abrams & Rosbach, Inc., a Corporation, Respondents, v. Jean L. FARRELL, Dba Farrell & Sons Plumbing & Heating Co., Appellant. Jean L. Farrell, Dba Farrell & Sons Plumbing & Heating Co., Appellant, v. Darryl V. Brown and Nellie M. Brown, Husband and Wife; Abrams & Rosbach, Inc., Respondents and Cross-Appellants, Louis J. Allen; United States National Bank of Oregon, Respondents, and Bauer & Bronec Sales, Inc., and Dayton Plumbing Heating, Inc., Defendants.

Supreme Court of Oregon.

Decided March 31, 1971.

Attorney(s) appearing for the Case

Gary G. Jones, Salem, argued the cause for appellant. With him on the brief were Rhoten, Rhoten & Speerstra, Salem.

Norman K. Winslow, Salem, argued the cause and filed briefs for respondents and cross-appellants Darryl Brown, Nellie Brown, and Abrams & Rosbach, Inc.

James O. Garrett, and Crawford, Garrett & Webb, Salem, filed a brief for respondent Allen.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

HOLMAN, Justice.

The Browns contracted with Abrams and Rosbach (A&R) for the construction by A&R of a four-plex. A&R subcontracted the plumbing work to Farrell and the electrical work to Allen. Farrell and Allen filed mechanic's liens for labor and materials. Farrell brought a suit to foreclose his lien against the Browns and A&R and also made Allen a party defendant because Allen's lien was of record. Allen filed a counterclaim to foreclose his lien...

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