ANDERSEN-WESTFALL CO. v. MET. HOTEL CORP.


233 Or. 465 (1963)

377 P.2d 914

ANDERSEN-WESTFALL CO., INC. v. METROPOLITAN HOTEL CORPORATION

Supreme Court of Oregon.

Affirmed January 30, 1963.

Petition for rehearing denied February 26, 1963.


Attorney(s) appearing for the Case

George W. Mead, Portland, argued the cause for appellant. With him on the brief was Donald M. Lehman, Portland.

Harry J. DeFrancq, Portland, argued the cause for respondent. With him on the brief were James H. Clarke, John Gordon Gearin, and Koerner, Young, McColloch & Dezendorf, Portland.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, GOODWIN and LUSK, Justices.


AFFIRMED.

GOODWIN, J.

The plaintiff entered into a written agreement to build a hotel for the defendant for $6,920,316.00. Thereafter the plaintiff sued to terminate the agreement on the ground that the defendant had unreasonably delayed the plaintiff in its performance. From a decree denying relief, the plaintiff appeals.

Shortly after the written contract was executed, both parties learned that certain steel, not previously contemplated by the architects...

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