146 P. 144 | Or. | 1915
Opinion by
“Why, on the morning of January 12th I picked up the abstract, and I noticed where the Merchants ’ Hardware Company had put a lien on Mr. Muller’s building; so I spoke to my brother Henry and Mr. Ryan about it; and they said, ‘You better go see, and see what he intends to do, or we will put on a lien.’ I said, ‘All right; I will go see him.’ So I went up, and I seen Muller, and I told him what I seen in the abstract, that the Merchants’ Hardware people had filed a lien, and he thought that was a shame to think they would put a lien on his house, whereas they could have' come right down and he would have paid the bill. I said, ‘Mr. Muller, that is just what I wanted to know, whether we would put a lien on?’ And he said: ‘No, no, no; you go right ahead and finish the work. I am going to pay all the bills, and then I am going to look to you and Hall. ’ ’ ’
“The foregoing evidence of Herman C. Schade and testimony corroborative thereof is all the evidence in the case to support the promise sued on in this case.”
No part of the confirmatory testimony referred to is incorporated in the transcript before us. From the defendant’s declaration to Herman Schade:
“You go right ahead and finish the work. I am going to pay all the bills, and then I am going to look to you and Hall.”
—a promise to pay the plaintiffs ’ claim may reasonably be implied.
“You go right ahead and finish the work. I am going to pay all the bills, and look to you and Hall”
—reasonably means that the defendant promised to discharge all the obligations that Alton had incurred in performing the agreement to build the house, including the contract prices which he had stipulated to pay. The finding, when read in connection with such testimony, imports a promise on the part of the defendant to pay the plaintiffs the original contract price for the labor performed and the materials furnished in executing their agreement with Alton, thereby entitling the plaintiffs to interest on their demand from the time the work was completed.
9. But, however this may be, Herman Schade, in referring to the time when the plumbing was finished, testified, in substance, that, having submitted a bill for the work, the defendant said it was all right, thereby indicating a settlement of the account and an ascertainment of the sum due thereon, upon which basis the interest was properly computed from that time. Other alleged errors are assigned, but, as they
Affirmed. Rehearing Denied.