MIGNOT v. CRATER PLYWOOD


248 Or. 226 (1967)

433 P.2d 237

MIGNOT, Respondent, v. CRATER PLYWOOD, INC., Appellant.

Supreme Court of Oregon.

Affirmed November 15, 1967.


Attorney(s) appearing for the Case

Robert R. Dickey, Medford, argued the cause and filed briefs for appellant.

Gene L. Brown, Grants Pass, argued the cause for respondent. With him on the brief was R. Gene Smith, Grants Pass.

Before McALLISTER, Presiding Justice, and O'CONNELL and GOODWIN, Justices.


AFFIRMED.

GOODWIN, J.

Plaintiff brought action on an express contract to recover money he claimed was due for work performed in connection with defendant's logging operation. Trial was had by the court without a jury. Defendant appeals from the judgment for plaintiff, contending that plaintiff proved only an implied contract and that there was, accordingly, a variance between the pleading and proof. Defendant has assumed, erroneously, that the plaintiff had...

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