BECK v. J.M. SMUCKER CO.


561 P.2d 623 (1977)

277 Or. 607

John W. BECK, Appellant, v. THE J.M. SMUCKER COMPANY, Respondent.

Supreme Court of Oregon, Department 1.

Decided March 17, 1977.


Attorney(s) appearing for the Case

Paul D. Schultz, Oregon City, argued the cause for appellant. With him on the brief were Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

James T. Dunn, Portland, argued the cause for respondent. With him on the brief were Eugene E. Feltz and Casey, Palmer, Feltz & Sherry, Portland.

Before DENECKE, C.J., and TONGUE, HOWELL and BRADSHAW, JJ.


BRADSHAW, Justice Pro Tem.

This is a suit to foreclose a mechanic's lien based on labor and material furnished in an attempt to correct a condition of sand in the water of a well owned by defendant. Defendant counterclaims alleging that plaintiff did not perform according to the contract and seeks to recover a partial payment made in advance to the plaintiff. The trial court entered a decree dismissing plaintiff's complaint and awarding defendant judgment against...

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