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MORRISON-KNUDSEN CO. v. PORTER-PERINGER, INC.

497 P.2d 370 (1972)

MORRISON-KNUDSEN CO., Inc., a Corporation, Appellant, v. PORTER-PERINGER, INC., a Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 24, 1972.

Attorney(s) appearing for the Case

John E. Walker, Pendleton, argued the cause and filed briefs for appellant.

Robert E. O'Rourke, Pendleton, argued the cause for respondent. With him on the brief were Kottkamp & O'Rourke, Pendleton.

Argued and Submitted at Pendleton May 2, 1972.

PER CURIAM.

This is a suit to foreclose a mechanic's lien. Plaintiff appeals from a decree dismissing plaintiff's complaint.

Plaintiff's claim arises out of work performed and labor furnished in connection with the drilling of a well for defendant upon the basis of a written contract. Defendant contests the foreclosure on the ground that plaintiff failed to prove performance of the contract, relying upon...

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