FAR WEST LANDSCAPING v. MODERN MERCHAN., INC.

No. 77-5-332, CA 12380; SC 26064.

601 P.2d 1237 (1979)

287 Or. 653

FAR WEST LANDSCAPING, Inc., an Oregon Corporation, Respondent/Cross-Appellant, v. MODERN MERCHANDISING, Inc., a Minnesota Corporation Doing Business As Jafco, Inc., New York Life Insurance Company, a New York Corporation; and Pacific National Bank of Washington, a National Banking Association, Respondents/Cross-Respondents, Pacific Cascade Corporation, a Washington Corporation and Doing Business As Joseph Lane & Associates Corporation, Appellant/Cross-Respondent.

Supreme Court of Oregon.

Decided October 30, 1979.


Attorney(s) appearing for the Case

Ridgway K. Foley, Jr. of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, argued the cause for appellant/cross-respondent and respondents/cross-respondents. With him on the petition was Neva T. Campbell, Portland.

Daniel H. Skerritt of Lindsay, Nahstoll, Hart, Neil & Weigler, Portland, argued the cause for respondent/cross-appellant.

Before DENECKE, C.J., and HOLMAN, HOWELL, LENT, LINDE and PETERSON, JJ.


HOLMAN, Justice.

Plaintiff brought a suit to foreclose a lien for landscaping work. The trial court found there was no valid lien but gave judgment to plaintiff for the reasonable value of the work. Subsequent to the trial and within the time during which defendant could appeal, defendant's lawyer called the trial judge inquiring whether the judgment for plaintiff had yet been signed. The trial judge mistakenly told her the judgment order had not been signed, when...

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