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ALLAN & LEUTHOLD, INC. v. TERRA INVESTMENT COMPANY

532 P.2d 218 (1975)

ALLAN & LEUTHOLD, INC., an Oregon Corporation, Respondent, v. TERRA INVESTMENT COMPANY, an Oregon Corporation, Appellant, Ward Cook, Inc., an Oregon Corporation, Defendant.

Supreme Court of Oregon.

Decided February 27, 1975.

Attorney(s) appearing for the Case

William E. Hurley of Bernard, Hurley, Hodges & Kneeland, Portland, argued the cause and filed briefs for appellant.

Donald H. Joyce, Portland, argued the cause and filed a brief for respondent.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL, SLOPER and LEAVY, JJ.

HOLMAN, Justice.

Plaintiff brought this case in a court of equity to foreclose a mechanic's lien for surveying work upon defendant Terra Investment Company's property. Defendant then filed a legal counterclaim for damages because of poor workmanship arising out of the surveying which was the basis for plaintiff's claim. The trial judge erroneously overruled plaintiff's objection to defendant's legal counterclaim in what was then, ostensibly, an equity case. When put...

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