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WESTERN MILLS, INC. v. HOUSING AUTH., ETC.

578 P.2d 817 (1978)

34 Or.App. 401

WESTERN MILLS, INC., a Washington Corporation, and Balboa Enterprises, Inc., a Washington Corporation, Dba Western-Balboa, Appellants, v. HOUSING AUTHORITY OF THE CITY OF SALEM, Oregon, Respondent.

Court of Appeals of Oregon.

Argued and Submitted February 27, 1978.

Attorney(s) appearing for the Case

John Spencer Stewart, Portland, argued the cause for appellants. With him on the briefs were David R. Trachtenberg and Kobin & Meyer, Portland.

David J. DeMartino, Asst. City Atty., Salem, argued the cause for respondent. With him on the brief was William J. Juza, City Atty., Salem.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.

TANZER, Judge.

Plaintiff brought this breach of contract action against the Housing Authority of the City of Salem to recover expenditures it made in preparation for the construction of a low-income housing project which was to be purchased by defendant upon completion. The project was never built. Plaintiff complied with all the pre-construction requirements of the contract except one: It failed to obtain a required conditional use permit because the city council...

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