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COLLINS v. POST ET AL

227 Or. 299 (1961)

362 P.2d 325

COLLINS v. POST ET AL

Supreme Court of Oregon.

Affirmed May 17, 1961.

Attorney(s) appearing for the Case

Bruce W. Williams, Salem, argued the cause for appellant. On the brief were Williams & Skopil, Salem.

E.L. Crawford, Salem, argued the cause for respondents. On the brief were Crawford and Garrett, Salem.

Before WARNER, Presiding Justice, and SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

AFFIRMED.

WARNER, J.

This is an action brought by plaintiff, Collins, against defendants, Post and Viesko, to recover for work, labor and materials. The trial was had before the court without a jury and resulted in a dismissal of plaintiff's complaint.

In September, 1957, defendants entered into a contract with the state of Oregon for the construction of the State Correctional Institution, near Salem, Oregon. The amount involved was approximately two...

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