Joshua Hendy Machine Works v. Pacific Cable Co.
This text of 33 P. 403 (Joshua Hendy Machine Works v. Pacific Cable Co.) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is a suit brought by the plaintiff to foreclose an alleged mechanics’ lien. The complaint alleges that the plaintiff has a lien upon lots 8,4,5, and 6, in block 1, in Market Street Addition to the City of Portland. To prove this allegation, plaintiff introduced in evidence, against defendant’s objection, a notice claiming a lien upon lots 3, 4, 5, and 6, in block 1, in Carter’s Addition to the City of Portland, which is a different parcel of land. This is a fatal variance between the allegation and the proof. The notice of lien does not describe the property set forth in the complaint.
The decree is eeveesed and the complaint dismissed.
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Cite This Page — Counsel Stack
33 P. 403, 24 Or. 152, 1893 Ore. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joshua-hendy-machine-works-v-pacific-cable-co-or-1893.