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PAUL & BACKER CO. v. NEWMAN

448 P.2d 511 (1968)

PAUL & BACKER CO., a Corporation, Appellant, v. Richard NEWMAN, Respondent.

Supreme Court of Oregon, In Banc.

Decided December 11, 1968.

Attorney(s) appearing for the Case

Phil Cass, Jr., Eugene, argued the cause for appellant. On the briefs were Riddlesbarger, Pederson, Brownhill & Young, Eugene.

Stanley E. Clark, Redmond, argued the cause for respondent. On the brief were Copenhaver, Larkin & Bryant, Redmond.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and MENGLER, JJ.

Argued and Submitted at Pendleton, October 29, 1968.

MENGLER, Justice pro tem.

This is an appeal from a judgment for the defendant on a counterclaim. Plaintiff was under contract to construct the U.S. Post Office building in Prineville, Oregon. Defendant was the subcontractor for the masonry construction. The subcontract was terminated by the plaintiff prior to completion. Plaintiff completed the work required under the subcontract. Plaintiff filed an action...

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