KING et al, Appellants, v. SUNIGA, et al, Respondents, 54 Ore. App. 267

Summary

The parties entered into a contract for the installation of cabinets by the contractors. The contract as orally modified to include an additional sum, and the owner paid most of the contract price before the contractors filed their lien. The contractors sought to foreclose their lien for the remainder of the sum they claimed was due, but the owner disputed the amount due and tendered the amount he claimed was due into court. The trial court found that difference in price was due to a sum that was not allowable on a lien; thus because the owner had submitted enough to cover the lien, the contractors were not entitled to a foreclosure. The trial court ordered the owner to pay the additional sum due to the contractors and awarded attorney's fees on the issue of the lien to the owner. The court reversed the judgment in part. The court held that the contractors were not entitled to a lien for the additional amount because they were not part of the original contract. However, the court held ...