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· 11/7/1892

Nicolai v. Van Fridagh

Citations

  • 23 Or. 149
  • 31 P. 288
  • 1892 Ore. LEXIS 120

Syllabus

<p>1. Mechanics’ Lien — Notice — Amount Due. — While the mechanics’ lien law will be liberally construed, it is essential to the validity of a lien that the notice or claim filed shall on its face show a substantial compliance wiih the provisions of the law, and none of the essential requirements .of the statute can be dispensed with. Kezartee v. Marks, 15 Or. 529 (16 Pac. Rep. 407), and Gordon v. Deal, 23 Or .post, 153 (31 Pac. Rep. 287), approved and followed.</p> <p>2. Idem. — Under section 3673, Hill’s Code, the notice or claim of lien must contain a true statement of the amount actually due; and a mistake in that statement will render the lien void, unless the mistake is one about the amount or price of labor, or the quantity or value of material furnished, in regard to which there might be an honest difference of opinion.</p>

Judges: Bean

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