Kidder v. National Timber & Lumber Co.

Oregon Supreme Court

Kidder v. National Timber & Lumber Co.

230 P. 1119, 112 Or. 632, 1924 Ore. LEXIS 84

DecidedNovember 25, 1924

StatusPublished

This text of 230 P. 1119 (Kidder v. National Timber & Lumber 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.

Bluebook

Kidder v. National Timber & Lumber Co., 230 P. 1119, 112 Or. 632, 1924 Ore. LEXIS 84 (Or. 1924).

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Opinion

McBRIDE, C. J.

The testimony in this case is very conflicting and we are disposed to accept the conclusions of the experienced and careful judge who heard the case with the advantage of seeing the witnesses and noting their demeanor while on the stand, rather than to attempt to substitute our judgment formed from a perusal of the testimony in cold type. If the testimony of plaintiff and his witnesses is true, and we accept it as such, plaintiff is entitled to recover. It is contended that some nonlienable items not included in plaintiff’s contract are included in the lien, such as the value of a dog chain and choker, and some labor in hauling slabs, amounting to about $29, but these are easily segregated and no doubt were not allowed by the court.

The decree will be affirmed. Affirmed.

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McBRIDE, C. J.

The testimony in this case is very conflicting and we are disposed to accept the conclusions of the experienced and careful judge who heard the case with the advantage of seeing the witnesses and noting their demeanor while on the stand, rather than to attempt to substitute our judgment formed from a perusal of the testimony in cold type. If the testimony of plaintiff and his witnesses is true, and we accept it as such, plaintiff is entitled to recover. It is contended that some nonlienable items not included in plaintiff’s contract are included in the lien, such as the value of a dog chain and choker, and some labor in hauling slabs, amounting to about $29, but these are easily segregated and no doubt were not allowed by the court.

The decree will be affirmed. Affirmed.

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Bluebook (online)

230 P. 1119, 112 Or. 632, 1924 Ore. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kidder-v-national-timber-lumber-co-or-1924.