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McCLORY v. GAY

No. 77-1644-E-3; CA 13611.

608 P.2d 1213 (1980)

45 Or.App. 561

Kevin B. McClory, Dba K.B.M. Construction, Respondent-Cross-Appellant, v. Donald G. GAY and Carol A. Gay, Husband and Wife, Appellants-Cross-Respondents, the Federal Land Bank of Spokane, a Corporation, Defendant.

Court of Appeals of Oregon.

Decided March 31, 1980.

Attorney(s) appearing for the Case

Michael E. Swaim, Salem, argued the cause for appellants-cross-respondents. With him on the briefs were Cecil H. Quesseth, Salem, and Jerry E. Gastineau, Medford.

Steven P. Pickens, Medford, argued the cause and filed the briefs for respondent-cross-appellant.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.

RICHARDSON, Judge.

Defendants appeal the judgment of the trial court, sitting without a jury, awarding them damages on their counterclaim, contending the damages were insufficient. Plaintiff cross-appeals, contending the damages awarded defendant were not justified by the evidence. Both parties contend our review is de novo. The threshold question is whether we review this matter as an action in law or as a decree in equity.

Plaintiff, a building contractor...

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