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TAIT & CO. v. D. DIAMOND CORP.

228 Or. 602 (1961)

365 P.2d 883

JAMES A.C. TAIT & CO. v. D. DIAMOND CORPORATION

Supreme Court of Oregon.

Affirmed November 1, 1961.

Attorney(s) appearing for the Case

Bert S. Gooding, Portland, argued the cause for the appellant. With him on the briefs were John R. Gilbertson and Stanley R. Church, Portland.

Howard M. Dupuy, Jr., Portland, argued the cause for the respondents. With him on the brief was John Morton Coke, Portland.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL, GOODWIN and BRAND, Justices.

AFFIRMED.

SLOAN, J.

The following statement of the nature of this case, the issue presented and the essential facts alleged are taken from the statement of the case contained in appellant's brief:

"A. This is an action by a materialman on a contractor's bond for the value of material delivered to a subcontractor and used in the performance of the prime contract. Plaintiff appeals from the judgment denying...

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