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HALVORSON v. BLUE MT. PRUNE GROWERS CO-OP.

188 Or. 661 (1950)

214 P.2d 986

217 P.2d 254

HALVORSON v. BLUE MOUNTAIN PRUNE GROWERS COOPERATIVE, A CORPORATION

Supreme Court of Oregon.

Reversed and remanded February 15, 1950.

Petition for rehearing denied April 25, 1950.

Attorney(s) appearing for the Case

John F. Kilkenny, of Pendleton, argued the cause for appellant. On the brief were Raley, Kilkenny & Raley, of Pendleton.

W.C. Winslow, of Salem, argued the cause for respondents. With him on the brief was George H. Corey, of Pendleton.

Before LUSK, Chief Justice, and BRAND, BAILEY, HAY and PAGE, Justices.

JUDGMENT REVERSED.

HAY, J.

The plaintiffs are building contractors. On April 2, 1945, they entered into a contract in writing with defendant to construct an addition to defendant's fruit-packing and storage plant at Milton-Freewater, Oregon. We shall refer to plaintiffs as "the contractors" and to defendant as "the owner".

The contract provided that the contractors should furnish all materials for the construction of the building, and perform all the...

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