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BETZ CONST., INC. v. PETERSON

No. 15544; CA 16286.

614 P.2d 1184 (1980)

47 Or.App. 333

BETZ CONSTRUCTION, Inc., an Oregon Corporation, Respondent-Cross-Appellant, v. Michael T. PETERSON and Ann-Gale F. Peterson, Husband and Wife, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided July 21, 1980.

Attorney(s) appearing for the Case

J. Thomas Coats, The Dalles, argued the cause and filed the briefs for appellants-cross-respondents. With him on the briefs were John V. Kelly and Heisler, Van Valkenburgh & Coats, The Dalles.

Gary E. Lockwood, Hood River, argued the cause and filed the briefs for respondent-cross-appellant. With him on the briefs were Donald W. Hull and Annala, Carey & Hull, Hood River.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Judge.

The plaintiff brought a suit to foreclose a construction lien in the amount of $14,017. The lien was for labor and materials used in remodeling the defendants' residence. The trial court disallowed the lien and proceeded under ORS 87.060(2) and (3) to enter a personal judgment against the defendants for the sum of $8,687. Neither party was awarded attorney fees or costs.

The defendants have appealed, assigning as error the trial court's failure...

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