OR. LUMBER CO. v. DWYER OVERSEAS TIMBER, ETC.


571 P.2d 884 (1977)

OREGON LUMBER COMPANY, an Oregon Corporation, Respondent, v. DWYER OVERSEAS TIMBER PRODUCTS CO., an Oregon Corporation, Appellant.

Supreme Court of Oregon, Department 2.

Decided November 22, 1977.


Attorney(s) appearing for the Case

Charles J. Strader, of Black, Helterline, Beck & Rappleyea, Portland, argued the cause and filed briefs for appellant.

Jack H. Cairns, Portland, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., TONGUE and LINDE, JJ. and GILLETTE, J. Pro Tem.


GILLETTE, Justice Pro Tem.

Plaintiff seller (Seller) filed this action to recover a balance allegedly due from the defendant buyer (Buyer) on a contract for the sale of lumber. Defendant denied there was a balance owing, contending that the lumber did not meet the grade it had ordered. Defendant also counterclaimed, seeking a partial refund of the amount already paid on the contract. The trial court, sitting without a jury, found for plaintiff; defendant appeals....

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