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FOX & SONS CONST. CO., INC. v. CARLTON

No. 75-140-L-2; CA 11743.

601 P.2d 835 (1979)

42 Or.App. 689

FOX & SONS CONSTRUCTION CO., INC., a Corporation, Appellant, v. Roy CARLTON and Wayne DeBoer, Dba R & W Construction Co., Defendant, and Insurance Company of North America, an Insurance Company, Respondent.

Court of Appeals of Oregon.

Decided October 22, 1979.

Attorney(s) appearing for the Case

Darryl E. Johnson, Roseburg, argued the cause and filed the briefs for appellant.

Hugh B. Collins, Medford, argued the cause and filed the brief for respondent.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.

TANZER, Presiding Judge.

This action was tried to the court without a jury. Neither party requested special findings of fact prior to trial. A general finding and judgment for defendant was entered.1 Plaintiff objected to the general finding and requested certain special findings. The relevant chronology of events was:

May 9, 1978 — Trial concluded. June 7, 1978 — General finding of fact in favor of defendant...

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