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MATHIS v. THUNDERBIRD VILLAGE, INC.

236 Or. 425 (1964)

389 P.2d 343

MATHIS v. THUNDERBIRD VILLAGE, INC. ET AL

Supreme Court of Oregon.

Affirmed February 13, 1964.

Attorney(s) appearing for the Case

William E. Duhaime, Medford, argued the cause for appellants. On the briefs were Brophy, Wilson & Duhaime, Medford.

E.R. Bashaw, Medford, and Edward M. Murphy, Roseburg, argued the cause for respondent. On the brief were Jones, Reeder & Bashaw, Medford, and Yates & Murphy, Roseburg.

Before PERRY, Presiding Justice, and O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.

AFFIRMED.

DENECKE, J.

Plaintiff builder contracted to build a supermarket for the defendant Thunderbird Village, Inc., hereinafter called owner; the defendant life insurance company is the lender. The contract price was cost-plus 10 per cent. The owner paid the plaintiff $231,000; the plaintiff claimed an additional $42,000, filed a claim of mechanics lien therefor, and brought this suit to foreclose his lien. The trial court awarded plaintiff $41,000 and...

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