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McGRATH v. ELECTRICAL CONST. CO.

230 Or. 295 (1961)

364 P.2d 604

370 P.2d 231

McGRATH v. ELECTRICAL CONSTRUCTION COMPANY, INC.

Supreme Court of Oregon.

Reversed September 6, 1961.

Petition for rehearing denied March 28, 1962.

Attorney(s) appearing for the Case

Frank Deich, Portland, argued the cause for appellant. On the brief were Bryson and Deich, Portland.

Paul R. Meyer, Portland, argued the cause for respondent. With him on the brief were Norman B. Kobin and Leo Levenson, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the defendant, Electrical Construction Company, Inc., from a judgment which the circuit court entered in favor of the plaintiff in an action instituted by him to recover $15,275.38 which he averred was the balance due him upon a contract into which he and the defendant had entered. The judgment was based upon a jury's verdict. The defendant, prior to entering into a contract with the plaintiff, had signed an agreement...

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