WELCH v. WEBB

No. E78-1053; CA 15903.

615 P.2d 391 (1980)

47 Or.App. 771

Dave WELCH and Ken Couey, Respondents, v. Daniel M. WEBB, Appellant.

Court of Appeals of Oregon.

Decided August 11, 1980.


Attorney(s) appearing for the Case

William C. Wolke, Roseburg, argued the cause for appellant. With him on the brief was Luoma, Kelley & Wolke, Roseburg.

Jock G. McIntosh, Roseburg, argued the cause for respondents. With him on the brief was Heiling & McIntosh, Roseburg.


WARDEN, Judge.

Defendant appeals from a decree ordering foreclosure of a construction lien contending that plaintiffs had breached the contract and, therefore, were not entitled to the lien.

We conclude that the remedy of a construction lien was not available to plaintiffs, but we remand to the trial court for further findings to determine the amount of compensation, if any, to which they are entitled.

Plaintiffs and defendant executed a contract on...

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