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GENERAL CONST. CO. v. OREGON STATE FISH COM'N

554 P.2d 185 (1976)

26 Or.App. 577

GENERAL CONSTRUCTION COMPANY, a Corporation, Respondent, v. OREGON STATE FISH COMMISSION, Appellant.

Court of Appeals of Oregon.

Decided August 30, 1976.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Stuart G. Oles, Seattle, Wash., argued the cause for respondent. With him on the brief were DeGarmo, Leedy, Oles & Morrison, Seattle, Wash., and Carl R. Neil and Lindsay, Nahstoll, Hart & Krause, Portland.

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

FORT, Judge.

This case arises out of the construction of a contract for a fish ladder at Willamette Falls on the Willamette River between West Linn and Oregon City. After trial the court awarded plaintiff a judgment of $543,204 for breach of the contract. The issues are first whether plaintiff signed an accord and satisfaction thus defeating the cause of action for a breach of contract, and second whether testimony of plaintiff's expert witness and certain exhibits...

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