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BROWN v. RUHL

28777; CA A33407.

717 P.2d 162 (1986)

78 Or.App. 333

Charles L. BROWN and Janice E. Brown, Dba Charlie Brown Rentals & Sales, Respondents, v. Robert RUHL, Dba Eagle Cap Construction, Defendant, Glen McKenzie, Appellant.

Court of Appeals of Oregon.

Decided April 9, 1986.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause for appellant. With him on briefs was Carey & Joseph, La Grande.

Phillip A. Mendiguren, La Grande, argued the cause and filed brief for respondents.

Before RICHARDSON, P.J., and WARREN and YOUNG, JJ.

RICHARDSON, Presiding Judge.

Defendant McKenzie appeals from a decree foreclosing plaintiffs' construction lien. We reverse.

Plaintiffs operate a rental equipment company. In April and May, 1983, they rented equipment to defendant Ruhl, who had contracted with McKenzie to paint McKenzie's barn. Ruhl did not pay plaintiffs. On July 7, 1983, they filed a lien on McKenzie's barn under ORS 87.010 and subsequently brought this action to foreclose the lien. McKenzie...

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