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SPOONER v. POLK COUNTY

528 P.2d 597 (1974)

Harold L. SPOONER and Marvis L. Spooner, Husband and Wife, Appellants, v. POLK COUNTY, a Political Subdivision of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided November 25, 1974.

Attorney(s) appearing for the Case

Ralph C. Spooner, Salem, argued the cause for appellants. With him on the briefs was Bruce W. Williams, P.C., Salem.

Dwight L. Ferris, Deputy Dist. Atty., Dallas, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

SCHWAB, Chief Judge.

Plaintiffs, property owners in Polk County, initiated this action contending defendant, Polk County, was in breach of two contractual obligations. The county counterclaimed, contending plaintiffs were in breach of two contractual obligations. The trial court, sitting without a jury, ruled in plaintiffs' favor on one of their claims and in the county's favor on the other. The court also ruled against the county on both of its counterclaims.

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