MOLALLA PUMP AND HEATING COMPANY v. CHANEY

No. 78-12-164; CA 13883.

601 P.2d 874 (1979)

42 Or.App. 789

MOLALLA PUMP AND HEATING COMPANY, Appellant, v. James P. CHANEY, Respondent.

Court of Appeals of Oregon.

Decided October 22, 1979.


Attorney(s) appearing for the Case

Gordon H. Price, Molalla, argued the cause and filed the briefs for appellant.

Thomas E. Laury, Portland, argued the cause and filed the brief for respondent.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.


JOSEPH, Presiding Judge.

Plaintiff, a contractor, installed a pump in a well on defendant property owner's property and at his request. Plaintiff filed a lien and, after giving defendant proper notice of intention to foreclose the lien, filed this foreclosure proceeding. After defendant answered, plaintiff moved for summary judgment. Defendant responded to the motion with an affidavit to the effect that the property was subject to a prior mortgage. The trial court...

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