J & J CONSTRUCTION v. MAYERNIK


241 Or. 537 (1965)

407 P.2d 625

J & J CONSTRUCTION CO. v. MAYERNIK

Supreme Court of Oregon.

Affirmed November 10, 1965.


Attorney(s) appearing for the Case

Edward I. Engel, Portland, argued the cause for appellant. With him on the brief was John P. Ronchetto.

James J. Damis, Portland, argued the cause for respondent. On the brief were Damis and Damis.

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


AFFIRMED.

LUSK, J.

This is an action to recover damages for breach of a written contract. Plaintiff had judgment in a trial by jury and defendant has appealed. The judgment was for $935, in accordance with a provision of the contract calling for liquidated damages.1

Three assignments of error raise the single question whether the court erred in refusing to submit to the jury evidence that the parties orally agreed that...

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