Oregon Supreme Court, 1893

Joshua Hendy Machine Works v. Pacific Cable Co.

Joshua Hendy Machine Works v. Pacific Cable Co.
Oregon Supreme Court · Decided June 26, 1893
24 Or. 152; 33 P. 403; 1893 Ore. LEXIS 95

Joshua Hendy Machine Works v. Pacific Cable Co.

Opinion of the Court

Per Curiam.

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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