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EMERALD SWIMMING POOLS, ETC. v. FRUICHANTIE

No. 77-6865; CA 11418.

593 P.2d 1226 (1979)

39 Or.App. 733

EMERALD SWIMMING POOLS OF OREGON, Inc., Appellant, v. Jerry FRUICHANTIE and Jackie Fruichantie, Respondents.

Court of Appeals of Oregon.

Decided April 23, 1979.

Attorney(s) appearing for the Case

John C. Fisher, Eugene, argued the cause for appellant. With him on the brief was Thompson, Mumford & Anderson, Eugene.

William Bodtker, Albany, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and BUTTLER, JOSEPH and TONGUE, JJ.

BUTTLER, Judge.

Plaintiff brought this action to recover the unpaid balance defendants contracted to pay for plaintiff's construction of a swimming pool on defendants' lot, and to recover for chemicals and equipment sold and delivered in connection with the pool. Defendants counterclaimed for damages attributable to certain defects in the pool and to plaintiff's failure to make timely application for, or to obtain, a building permit for the pool. The case was tried...

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