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OAK GROVE PARR, INC. v. McCUTCHEON CONST. CO.

550 P.2d 1382 (1976)

OAK GROVE PARR, INC., Appellant, v. MCCUTCHEON CONSTRUCTION CO. ET AL., Respondents.

Supreme Court of Oregon, In Banc.

Decided June 24, 1976.

Attorney(s) appearing for the Case

James K. Belknap, Portland, argued the cause and filed briefs for appellant.

Jarvis B. Black, of Phillips, Coughlin, Buell, Stoloff & Black, Portland, argued the cause and filed a brief for respondents.

BRYSON, Justice.

Plaintiff brought this suit to foreclose a mechanic's lien for materials furnished. Defendants1 James and Lilli Buell demurred to plaintiff's complaint on the ground the complaint failed to state a cause of action. The trial court, before trial, issued an order allowing the Buells' demurrer and denied plaintiff's motion for leave to file an amended complaint. From this order plaintiff appeals.

Plaintiff first contends...

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