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DOUGLAS CONSTR. CO. v. MAZAMA TIMBER PROD., INC.

471 P.2d 768 (1970)

DOUGLAS CONSTRUCTION CORPORATION, a Corporation, Respondent, v. MAZAMA TIMBER PRODUCTS, Inc., a Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided July 1, 1970.

Rehearing Denied September 29, 1970.

Attorney(s) appearing for the Case

Max S. Taggart, II, Springfield, argued the cause for appellant. With him on the briefs were Jack B. Lively and Sanders, Lively & Wiswall, Springfield.

Randolph Slocum, Roseburg, argued the cause and filed a brief for respondent.

TONGUE, Justice.

This is an action by a road construction contractor against a logging operator for damages for breach of an oral contract under which plaintiff was engaged by defendant to remove rock from two quarries and to load, haul, spread and compress the rock on a timber access road, at a specified rate per cubic yard of rock "in place." As damages resulting from the improper termination of that contract, plaintiff seeks to recover profits which it claims that...

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