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LIPMAN WOLFE & CO. v. TEEPLES & THATCHER, INC.

522 P.2d 467 (1974)

LIPMAN WOLFE & COMPANY, a Corporation, Appellant and Cross-Respondent, v. TEEPLES & THATCHER, INC., a Corporation, and Artcraft Linoleum & Shade Company, a Corporation, Respondents and Cross-Appellants.

Supreme Court of Oregon, In Banc.

Decided May 23, 1974.

Attorney(s) appearing for the Case

Calvin H. Luetjen, Portland, argued the cause for appellant and cross-respondent. With him on the briefs were Sandberg, Recken & Luetjen, Portland.

Fred B. Miller, Portland, argued the cause for respondent and cross-appellant Teeples & Thatcher, Inc. With him on the brief were Black, Kendall, Tremaine, Boothe & Higgins, Portland.

William L. Hallmark, Portland, argued the cause for respondent and cross-appellant Artcraft Linoleum & Shade Co. With him on the brief were McMenamin, Jones, Joseph & Lang, Portland.

DENECKE, Justice.

This is an action for indemnity in which the jury found for plaintiff against both defendants. The trial court, notwithstanding the verdict for plaintiff, vacated the judgment against both defendants. Plaintiff appeals.

Plaintiff Lipman's operates a large retail department store in Portland. Plaintiff contracted with Teeples & Thatcher to perform over a period of several years certain remodeling in the store. As part of the remodeling...

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