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STATE, UNION IRON WORKS v. P.S. LORD MECH. CON.

443 P.2d 638 (1968)

STATE Board of Higher Education ex rel. UNION IRON WORKS, a Corporation, Appellant, v. P.S. LORD MECHANICAL CONTRACTORS, a Corporation, and Aetna Casualty and Surety Company, a Corporation, Respondents.

Supreme Court of Oregon, Department 2.

Decided July 17, 1968.

Attorney(s) appearing for the Case

William M. McAllister, Portland, argued the cause for appellant. With him on the brief was Cleveland C. Cory, Portland.

Kenneth E. Roberts, Portland, argued the cause for respondents. With him on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson, and Ridgway K. Foley, Jr., Portland.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN and LUSK, JJ.

SLOAN, Justice.

Plaintiff brought this action to recover the unpaid contract price of materials it had furnished a subcontractor of defendant P.S. Lord Mechanical Contractors. Lord was the prime contractor with the State Board of Higher Education to enlarge a central heating plant of Oregon State University. Defendant Aetna Casualty and Surety Company had provided the performance bond. Plaintiff supplied boiler and supplemental equipment to a subcontractor who failed...

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