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JOHN L. JERSEY & SON, INC. v. BUD BAILEY CONST. CO.

499 P.2d 817 (1972)

JOHN L. JERSEY & SON, INC., Respondent, v. BUD BAILEY CONSTRUCTION CO., and the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation, Appellants, Wilbur T. West, Contractor, Defendant, and Portland Road and Driveway Co., an Oregon Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided July 27, 1972.

Attorney(s) appearing for the Case

Byron Glade Birch, Portland, argued the cause and filed a brief for appellants.

John Spencer Stewart, Portland, argued the cause for respondent John L. Jersey & Son, Inc. With him on the brief were Paul R. Meyer, and Kobin & Meyer, Portland.

HOLMAN, Justice.

Plaintiff, John L. Jersey, Inc., a subcontractor, sued to foreclose a mechanic's lien covering the balance alleged due it under a contract for labor and material which it furnished to defendant Bud Bailey Construction Co. (Bailey). Bailey was the general contractor for the construction of a church building on property owned by defendant Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints (Church). The other parties...

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