EMPIRE BLDG. SUPPLY v. EKO INVESTMENTS, INC.

No. 77-349E; CA 11242.

596 P.2d 593 (1979)

40 Or.App. 739

EMPIRE BUILDING SUPPLY, Inc., an Oregon Corporation, Appellant, Cross-Respondent, v. EKO INVESTMENTS, INC., an Oregon Corporation, and Michael Reeder, Dba Kustom Drywall, Respondent, Cross-Appellant, First Federal Savings & Loan Association of Klamath Falls, a Federal Corporation, Respondent.

Court of Appeals of Oregon.

Decided June 25, 1979.


Attorney(s) appearing for the Case

Donald R. Crane, Klamath Falls, argued the cause for appellant, cross-respondent. With him on the briefs was Crane & Bailey, Klamath Falls.

David Vendenberg, Klamath Falls, argued the cause and filed the brief for respondent, cross-appellant EKO Investments, Inc., an Oregon corporation.

William P. Brandsness, Klamath Falls, argued the cause and filed the brief for respondent, cross-appellant Michael Reeder, dba Kustom Drywall.

Respondent First Federal Savings & Loan Association of Klamath Falls waived appearance.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.


THORNTON, Judge.

Plaintiff, a building supply company, appeals a decree which (1) denied foreclosure of a materialman's lien against an improvement owned and constructed by defendant EKO Investments, Inc., hereinafter referred to as owner, and (2) found that plaintiff was entitled to a personal judgment against defendant Reeder, hereinafter referred to as contractor.1 Contractor cross-appeals the personal judgment, contending that all...

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