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GATES v. BOOTHBY

No. A 7706 07949; CA 12201.

596 P.2d 579 (1979)

40 Or.App. 671

Spencer A. GATES, d/b/a Golden Rule Construction Service, Respondent, v. Thomas R. BOOTHBY, I, Appellant.

Court of Appeals of Oregon.

Decided June 18, 1979.

Attorney(s) appearing for the Case

Robert L. McKee, Portland, argued the cause and filed the brief for appellant.

Brice L. Smith, Portland, waived appearance for respondent.

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

JOSEPH, Judge.

Plaintiff sought to foreclose a $4,285 construction lien. Defendant alleged an affirmative defense that the building was never completed and a counterclaim that automobiles he stored in the building were damaged as a result of plaintiff's failure to install proper ventilation shafts and airways. The trial court decreed foreclosure, but deducted from the lien $750 for plaintiff's failure to complete the work and $500 on defendant's counterclaim. Defendant...

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