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DENNY v. WARREN

239 Or. 401 (1964)

398 P.2d 123

DENNY ET AL v. WARREN

Supreme Court of Oregon.

Affirmed December 31, 1964.

Attorney(s) appearing for the Case

Burton H. Bennett, Portland, argued the cause for appellants. On the brief were Franklin, Olson, Bennett & Des Brisay, Portland.

John Gordon Gearin, Portland, argued the cause for respondent. With him on the brief were James V. Hurley and Koerner, Young, McColloch & Dezendorf, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

GOODWIN, J.

This is an action in negligence to recover for water damage to a dwelling house while it was under construction. The general contractor joined with the owners of the house as plaintiffs in this action against the plumbing subcontractor. A jury was waived. The trial court decided the facts and entered judgment for the defendant. The plaintiffs appeal.

There is no serious dispute about the observable facts. The general contractor...

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