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OREGON WILLAMETTE LBR. CORP. v. LINCOLN CO.

232 Or. 540 (1962)

370 P.2d 422

OREGON WILLAMETTE LUMBER CORPORATION v. LINCOLN COUNTY ET AL

Supreme Court of Oregon.

Reversed and remanded November 28, 1962.

Attorney(s) appearing for the Case

McDannell Brown, Portland, argued the cause and filed briefs for appellant.

A.R. McMullen, District Attorney, Newport, and W.T. Hollen, Newport, argued the cause and filed a brief for respondent.

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

REVERSED AND REMANDED.

DENECKE, J. (Pro tempore)

The appellant brought this action against the County and two County Commissioners. Appellant sued for the price of materials it had furnished a painting contractor who had contracted with the County to paint the courthouse. Appellant contends that the defendants are liable because the individual defendants failed to require a payment bond from the painting contractor.

ORS 279.542 provides:

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