FORSYTHE v. HOMESTEAD DEVELOPMENT CORP.

C921063CV; CA A86318.

919 P.2d 537 (1996)

142 Or. App. 45

Thomas B. FORSYTHE, Plaintiff, v. HOMESTEAD DEVELOPMENT CORP., an Oregon corporation; Precision Excavating, Incorporated, an Oregon corporation; Glencoe West Trust, Arthur E. Pearson, Trustee; Unique Kitchens, Inc., an Oregon corporation; Tankersley Farms Incorporated; Paul M. Olds, Jr., doing business as P & S Construction of Hillsboro; Parker Development, a partnership; Kathleen Furrow, James Furrow, Virginia Furrow, and Diana Furrow, as beneficiaries in Trust Deed; Chicago Title Insurance Co., as beneficiary of Trust Deed; West One Bank Oregon, S.B., as beneficiary of Trust Deeds; State of Oregon, Dept. of Revenue, as lien claimant of tax liens; Credit Service Co.; California Hawaiian Sugar; Power Rental Company, Defendants. PRECISION EXCAVATING, INCORPORATED, an Oregon corporation, Appellant, v. HOMESTEAD DEVELOPMENT CORP., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided July 3, 1996.


Attorney(s) appearing for the Case

John M. Berman, Beaverton, argued the cause and filed the briefs for appellant.

Charles E. Corrigan, Portland, argued the cause for respondent. With him on the brief were Mark L. Busch and O'Donnell Ramis Crew Corrigan & Bachrach.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


De MUNIZ, Judge.

This is an appeal from a judgment in a mechanic's lien foreclosure action filed by plaintiff Forsythe against, inter alia, appellant Precision Excavating, Inc. (Precision) and respondent Homestead Development Corporation (Homestead).1 We affirm in part and reverse in part.

Homestead is a developer of small subdivisions. Precision is an excavating company. Forsythe was an employee of Precision. In May 1992...

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