52 P. 182 | Or. | 1898
delivered the opinion.
This is a suit to- foreclose a mechanic’s lien for material furnished to be used in repairing a building. The answer, after denying the material allegations of the complaint, avers that said material was supplied under an agreement that the value thereof would be paid in labor to be performed by the defendant, Jake Cordon, who at all times had been ready, able and willing to keep his part of said contract, but that plaintiff, though requested to furnish him employment, had neglected to do so. The reply having put in issue the allegations of new matter contained in the answer, and a trial being had thereon, the court was unable to find from the evidence that any contract had ever been entered into by which the value of the materials furnished was to be paid in labor, but found that the defendant Caroline Cordon, who is the wife of Jake Cordon, was the owner of the real estate upon which the improvement was made, that she did not enter into any contract with plaintiff for such improvement, and that her property was not subject to a lien for material supplied to her husband, and dismissed the suit, from which decree plaintiff appeals.
Counsel for plaintiff, relying on the provisions of
In Allen v. Rowe, 19 Or. 188 (23 Pac. 901), Mr. Justice Strahan, construing section 3672 of our statute, says: “In case some person other than the owner employs a materialman or laborer to furnish material or to do labor upon such land, something more is nec
Affirmed.