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B & D INV. CORP. v. PETTICORD

No. 77-6-414; CA 14774.

617 P.2d 276 (1980)

48 Or.App. 345

B & D INVESTMENT CORPORATION, Respondent, v. James E. PETTICORD and Doris J. Petticord, Husband and Wife, Pioneer National Title Insurance Company, a Corporation, First National Bank of Oregon, a Corporation, Appellants, Gates Bros. Concrete Enterprises, Inc., a Corporation, Defendant. Gates Bros. Concrete Enterprises, Inc., Cross-Appellant, v. B & D Investment Corporation and Donald W. Giddings, an Individual, James E. Petticord and Doris J. Petticord, Husband and Wife; Pioneer National Title Insurance Company, a Corporation; and First National Bank of Oregon, a Corporation, Cross-Defendants.

Court of Appeals of Oregon.

Decided September 22, 1980.

Reconsideration Denied October 23, 1980.

Attorney(s) appearing for the Case

John M. Berman, Portland, argued the cause and filed the briefs for appellant. With him on the briefs was Spears, Lubersky, Campbell & Bledsoe, Portland.

Paul R. Meyer and Elizabeth H. Yeats, Portland, argued the cause and filed the brief for respondents. With them on the brief was Kobin & Meyer, Portland.

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

CAMPBELL, Judge.

Plaintiff B & D Investment Corporation (B & D) contracted in December 1976 with defendants James and Doris Petticord, husband and wife, to build a residence according to plans and specifications supplied by the Petticords and prepared by their architect, Donald Cloyd. Soon after B & D began construction, serious disagreements between the parties arose, and in April 1977, when the house was approximately...

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