KOZOL v. SEREAN


566 P.2d 901 (1977)

279 Or. 267

Richard KOZOL and Barbara Kozol, Husband and Wife, Respondents, v. Frank SEREAN, Appellant.

Supreme Court of Oregon, In Banc.

Decided July 20, 1977.


Attorney(s) appearing for the Case

Thomas C. Howser, of Cottle & Howser, Ashland, filed a brief for appellant.

Jack Davis, of Davis, Ainsworth & Pinnock, Ashland, filed a brief for respondents.


PER CURIAM.

This is an action for damages for breach of a contract for construction by defendant of a house for plaintiffs. Defendant's answer alleged as an affirmative defense that he had been adjudicated bankrupt in the federal district court; that plaintiffs had actual knowledge of the bankruptcy filing; that the "discharge will include the claim of the plaintiffs" and is a "bar" to that claim; and that defendant "should be awarded an

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