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SUN SOLUTIONS, INC. v. BRANDT

CC 83-1071; CA A32006; SC S31815.

709 P.2d 1079 (1985)

300 Or. 317

SUN SOLUTIONS, INC., an Oregon Corporation, Respondent On Review, v. Vernon E. BRANDT and Myrna Brandt, Husband and Wife, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided November 26, 1985.

Attorney(s) appearing for the Case

Jerry K. Brown, of Cummins, Cummins, Brown & Goodman, P.C., McMinnville, argued the cause and filed the petition for petitioners on review.

K. William Gibson, of Duffy, Gibson & Hicks, Portland, argued the cause for respondent on review.

JONES, Judge.

Plaintiff, a building material supplier, brought an action against defendants, homeowners, to foreclose a construction lien pursuant to Oregon's Construction Lien Law. ORS 87.001 to 87.060, and 87.075 to 87.093. The trial court dismissed plaintiff's complaint because plaintiff failed to plead that notice of the right to claim a lien was given to defendants "during the progress of the improvement" as required by ORS 87.021(1). The Court of Appeals reversed...

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