71 P. 708 | Or. | 1903
Lead Opinion
after stating the facts in the foregoing terms, delivered the opinion of the court.
These considerations affirm the-decree of the trial court, and such will be the order of this court. Affirmed.
Rehearing
On Motion for Rehearing.
delivered the opinion.
In their petition for rehearing counsel urge that there remains a question that has not received the consideration of the court, which is, can the subcontractor, contracting separately with the original contractor for the construction of each of the two buildings, arbitrarily apportion the cost of materials and labor furnished at his instance upon the buildings indiscriminately, and claim a lien therefor? This mistakes the real question, which is, can the subcontractor under such conditions claim a lien for material and labor furnished under his contract—that is, having performed his contract with the original contractor, can he claim a lien for the amount remaining due him by the terms of that contract? In this form the question is answered by the main opinion. Being within the scope and authority of the original contract, the consideration agreed
This disposes of the question now insisted upon, and the rehearing will be denied. Rehearing Denied.