NORTH TILLAMOOK CTY. v. GREAT AM. INS. CO.

No. A7609-13189; CA 12092.

611 P.2d 319 (1980)

46 Or.App. 173

NORTH TILLAMOOK COUNTY SANITARY AUTHORITY EX REL., Construction Crafts, Inc., and United States National Bank, Inc., Respondents, v. GREAT AMERICAN INSURANCE CO., and Charles Heinkel Dba Unified Contractors, Appellants, and North Tillamook County Sanitary Authority, Defendant.

Court of Appeals of Oregon.

Decided May 19, 1980.


Attorney(s) appearing for the Case

G. Kenneth Shiroishi, Portland, argued the cause for appellants. With him on the briefs was Morrison, Dunn, Cohen, Miller & Carney, Portland.

Linda J. Larkin, Hillsboro, argued the cause for respondents Construction Crafts. With her on the brief was C. Edward Boyer, P.C., Hillsboro.

Bertrand J. Close, Portland, waived appearance for respondent United States National Bank, Inc.

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


JOSEPH, Presiding Judge.

Plaintiff Construction Crafts brought this action to recover amounts allegedly due, respectively, under an oral contract and a written contract with defendant Heinkel. Defendant counterclaimed, alleging that plaintiff had breached the written contract. The trial court found that plaintiff had failed to prove an express oral contract because the parties had not reached agreement on the payments to be made by defendant to plaintiff under it...

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