CLARK v. GIRARD


512 P.2d 993 (1973)

Keith M. CLARK, Respondent, v. Gordon GIRARD, Victor Wickstrom, Dba Banks Lumber Co., Respondents, David L. Chrysler and Lorna L. Chrysler, Husband and Wife, Appellants, Washington County, Oregon, et al., Defendants.

Supreme Court of Oregon, In Banc.

Decided August 2, 1973.


Attorney(s) appearing for the Case

Robert E. Thompson, Beaverton, argued the cause for appellants. On the brief was Douglas B. Dawson, Forest Grove.

No appearance contra.


TONGUE, Justice.

This is a suit to foreclose a surveyor's lien in the sum of $1,300. Defendants tendered into court the sum of $800 and appeal from a decree of foreclosure in favor of plaintiff for the full amount of the lien, together with attorney fees and costs.

Defendants' primary contention is that the agreement between the parties was that plaintiff would survey defendants' property at a flat fee, as contended by defendants, rather than upon the basis...

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