SMITH v. DeKRAAY


217 Or. 436 (1959)

342 P.2d 784

SMITH v. DeKRAAY

Supreme Court of Oregon.

Affirmed July 29, 1959.


Attorney(s) appearing for the Case

Ray DeKraay, Aberdeen, Washington, argued the cause in his own behalf. With him on the brief was William D. Green, Jr., Roseburg.

Harrison R. Winston, Roseburg, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, SLOAN and CRAWFORD, Justices.


AFFIRMED AS MODIFIED.

CRAWFORD, J. (Pro Tempore).

The parties entered into an oral agreement in November, 1946, whereby the plaintiff was to erect a concrete block building on the defendant's premises, with the building to be 50 feet by 80 feet in its dimensions, on a cost plus 10% basis plus $2.00 per hour for plaintiff's services other than supervisory. These dimensions were later changed to 48 feet by 110 feet and to include a wing 23 feet by 50 feet. The...

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