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RALPH ALLEN, INC. v. LUMPKIN

566 P.2d 872 (1977)

279 Or. 71

RALPH ALLEN, INC., Respondent, v. Margaret LUMPKIN and Lisa W. Taubman, Appellants, First National Bank of Oregon, a Corporation, Cascade Drywall, Inc., a Corporation, Guy L. Hendrix, Dba Guy L. Hendrix Furnace Sales & Service, Oliver Spaeth, Dba Spaeth Lumber Co., Defendants.

Supreme Court of Oregon, Department 2.

Decided July 11, 1977.

Attorney(s) appearing for the Case

Jack L. Joyce, Philomath, argued the cause and filed a brief for appellants.

John S. Horton of Weatherford, Thompson, Horton & Jordan, Albany, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and TONGUE, BRYSON and DAVIS, JJ.

BRYSON, Justice.

Plaintiff (Allen), building contractor, brought this suit to foreclose its mechanic's lien on defendants'1 improved real property. Defendants filed a general denial and six affirmative answers and counterclaims. Only the last three of these are relevant to this appeal. In their fourth, fifth, and sixth counterclaims, defendants allege that the lien included nonlienable items, that the lien notice included items not chargeable...

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