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BALZER MACHINERY CO. v. KLINELINE SAND & GRAVEL CO.

533 P.2d 321 (1975)

BALZER MACHINERY COMPANY, an Oregon Corporation, Respondent, v. KLINELINE SAND & GRAVEL COMPANY, a Washington Corporation, Defendant, Clark Leasing Corporation, a Delaware Corporation, and George D. Spencer, Individually and Dba S.D. Spencer & Son, Appellants.

Supreme Court of Oregon, In Banc.

Decided April 1, 1975.

Attorney(s) appearing for the Case

Jeffrey L. Dye, Portland, argued the cause for appellants. With him on the briefs were Miller, Anderson, Nash, Yerke & Wiener and Dean D. DeChaine, Portland.

Thomas J. Greif, Portland, argued the cause for respondent. With him on the brief were White, Sutherland, Parks & Allen and Russell M. Allen, Portland.

DENECKE, Justice.

Does the holder of a nonpossessory artisan's lien have priority over the holder of a prior perfected security interest? That is the principal issue.

Plaintiff, Balzer Machinery Co., brought this suit to foreclose its nonpossessory lien. The lien arose out of repairs made to certain rock crushing equipment which was being operated by defendant Klineline Sand & Gravel Co. under a lease-purchase agreement. The defendant Clark Leasing Corp...

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