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CITY OF ROGUE RIVER v. DeBOER

No. 76-2781-L-2; CA 11337; SC 26402.

605 P.2d 697 (1980)

288 Or. 485

CITY OF ROGUE RIVER, Oregon, a Municipal Corporation, ex rel. Dee Earl Ide, Aka Dee Ide Trucking & Contracting, and Dee Earl Ide, Appellant/Respondent, v. Wayne DeBoer and Roy L. Carlton, Partners, Doing Business As R & W Construction Co., Respondents, Insurance Company of North America, a Pennsylvania Corporation, Respondent/Petitioner.

Supreme Court of Oregon.

Decided January 22, 1980.

Attorney(s) appearing for the Case

Hugh B. Collins, Medford, argued the cause for respondent/petitioner Ins. Co. of North America. With him on the brief was Collins, Velure & Heysell, Medford.

William G. Purdy, Medford, argued the cause for appellant/respondent. With him on the briefs was Frohnmayer, Deatherage, Foster & Purdy, Medford.

No appearance for respondents Wayne DeBoer and Roy L. Carlton.

Before DENECKE, C.J., and HOLMAN, TONGUE, HOWELL, LENT and PETERSON, JJ.

PETERSON, Justice.

This is an action by a supplier of granite to recover $3,300 for granite supplied to the City of Rogue River sewer construction project.1 The plaintiff brought this action against the contractor (a partnership doing business as R&W Construction Company (R&W)) and against its surety, Insurance Company of North America (INA). Plaintiff sought to recover the contract price of the crushed granite or its reasonable...

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