238 Or. 175 393 P.2d 773

Argued June 4,

affirmed July 8, 1964

MATHEWS v. BORSCHOWA et ux

393 P. 2d 773

Gerald H. Robinson, Portland, argued the cause for appellant. With him on the brief was Robert Lohman, Portland.

George P. Haley, Portland, argued the cause and filed a brief for respondents.

Before McAllister, Chief Justice, and Rossman, Sloan, Goodwin and Lusk, Justices.

PER CURIAM.

In this suit to foreclose a mechanic’s lien for labor plaintiff conceded that his claim for a lien included *176labor not performed for defendants. Tbe trial court dismissed tbe suit. Plaintiff appeals.

Plaintiff claims that bis evidence entitled him to a judgment for tbe actual amount of labor be did perform, as in Wiggins v. Southwood Park Corp. et al, 1960, 221 Or 61, 350 P2d 436, and similar cases, even though bis lien claim is unenforceable. Tbe court found that “It is impossible for this court to determine from tbe evidence bow much money is owed, if any, by these defendants to plaintiff * * When asked how many days be bad included in bis claim that bad actually been worked elsewhere, plaintiff testified “* * * I don’t know what days it was or nothing * * * I don’t know how many days it was.”

In this appeal plaintiff complains that tbe trial court could have computed tbe amount due. Tbe evidence does not support tbe argument.

Affirmed.

Mathews v. Borschowa
238 Or. 175 393 P.2d 773

Case Details

Name
Mathews v. Borschowa
Decision Date
Jul 8, 1964
Citations

238 Or. 175

393 P.2d 773

Jurisdiction
Oregon

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