Joshua Hendy Machine Works v. Pacific Cable Co.
Joshua Hendy Machine Works v. Pacific Cable Co.
24 Or. 152; 33 P. 403; 1893 Ore. LEXIS 95
Joshua Hendy Machine Works v. Pacific Cable Co.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.