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MILLER CONST. CO. v. WATTS CONST. CO.

223 Or. 504 (1960)

355 P.2d 215

MILLER CONSTRUCTION CO. v. WATTS CONSTRUCTION CO.

Supreme Court of Oregon.

Reversed and remanded September 7, 1960.

Attorney(s) appearing for the Case

Lewis K. Scott, Portland, argued the cause for appellant. On the brief were Donald A.W. Piper, Klamath Falls, Koerner, Young, McColloch & Dezendorf and W.F. Lubersky, Portland.

Herman Smith, Klamath Falls, argued the cause for respondent. With him on the brief were Maxwell & Goddard, Klamath Falls.

Before ROSSMAN, J., presiding, and PERRY, SLOAN, GOODWIN and HOLMAN, Justices.

REVERSED AND REMANDED.

ROSSMAN, J.

This is an appeal by the defendants from a judgment in the amount of $7,868.65 which the circuit court entered in favor of the plaintiff after it had sustained that party's motion for a directed verdict. The amount of the judgment constituted the sum due to the plaintiff, according to the belief of the trial judge, for readymix concrete which the plaintiff had delivered to the defendant pursuant to a written contract signed...

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