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SCHOOL DIST. NO. 1 v. RUSHLIGHT & CO.

232 Or. 341 (1962)

375 P.2d 411

SCHOOL DISTRICT NO. 1 EX REL LYNCH CO. v. RUSHLIGHT & CO., HAMMOND ET AL

Supreme Court of Oregon.

Reversed and remanded October 24, 1962.

Attorney(s) appearing for the Case

W.J. Masters, Portland, argued the cause for appellant. On the briefs were Masters & Masters, Portland.

Preston C. Hiefield, Jr., Portland, argued the cause for respondents. With him on the brief were Jones & Brown and Eugene E. Feltz, Portland.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL, LUSK and DENECKE, Justices.

REVERSED AND REMANDED.

DENECKE, J. (Pro tempore)

The Lynch Co., the appellant, brought an action for work performed for a subcontractor on the John Marshall High School, Portland. The litigation was brought in the name of School District No. 1, for whom the school was constructed, on the relation of Lynch Co. The defendants were Ross B. Hammond Co., the general contractor, General Insurance Company of America, their surety, and A.G. Rushlight & Co., the...

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