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HARTY v. BYE

483 P.2d 458 (1971)

Glenn HARTY, Respondent, v. Ada R. BYE, Appellant.

Supreme Court of Oregon, Department 2.

Decided April 14, 1971.

Attorney(s) appearing for the Case

Larry C. Hammack, Portland, argued the cause for appellant. With him on the briefs were Williams, Montague, Stark, Hiefield & Norville, and Preston C. Hiefield, Jr., Portland.

David G. Frost, Hillsboro, argued the cause and filed a brief for respondent.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, and BRYSON, JJ.

BRYSON, Justice.

This is an action on a written contract by plaintiff, a licensed well driller, to recover the unpaid balance of the contract price for drilling a well on defendant's property. The plaintiff alleges that he performed all of the obligations required of him under the terms of the contract. The defendant admits the terms and execution of the contract but denies performance on the part of plaintiff and further denies that any sum of money is due plaintiff...

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