LICHTY v. MERZENICH


563 P.2d 690 (1977)

278 Or. 209

Leonard C. LICHTY, Appellant, v. Edgar MERZENICH, Jr., and Patricia A. Merzenich, His Wife, Respondents, and the State of Oregon, Represented and acting by the Director of Veterans' Affairs, Defendant.

Supreme Court of Oregon, Department Two.

Decided May 3, 1977.


Attorney(s) appearing for the Case

Lawrence N. Brown, of Brown, Burt & Swanson, P.C., Salem, argued the cause and filed briefs for appellant.

Thomas B. Brand, of Brand, Lee, Ferris & Embick, Salem, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., and BRYSON, LINDE and DAVIS, JJ.


LINDE, Justice.

The dispute between the parties is whether a contract under which plaintiff would be paid an hourly rate for his services in constructing a residence for defendants was later renegotiated into an agreement to finish the remaining construction at a fixed price. Plaintiff sued to foreclose a lien for labor and materials under the original contract, and defendants counterclaimed for sums paid or to be paid by them beyond an allegedly renegotiated contract...

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