LARO LUMBER CO., INC. v. PATRICK

No. 36224; CA 17828.

630 P.2d 400 (1981)

52 Or.App. 1035

LARO LUMBER COMPANY, Inc., an Oregon Corporation, Appellant, v. Michael K. PATRICK, Respondent, Susan C. Patrick, Loren L. DeWitt and Charlotte E. DeWitt, Husband and Wife; Daryl A. Fisher, and Christine L. Fisher, Husband and Wife; and Nationwide Financial Services, an Oregon Corporation, Defendants.

Court of Appeals of Oregon.

Decided June 29, 1981.


Attorney(s) appearing for the Case

Joseph E. Penna, Monmouth, argued the cause and filed the brief for appellant.

Richard C. Morley, Salem, argued the cause for respondent. With him on the brief was Bednarz, Feitelson & Morley, Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


WARREN, Judge.

Plaintiff brought this action to foreclose a construction lien for work done on a road. Defendant counterclaimed, contending that plaintiff failed to complete the work in a workmanlike manner, and prayed for damages representing the cost of completing the work in accordance with the contract terms.

The trial court found that the parties had entered into a written contract under which plaintiff agreed to construct a road to defendant's subdivision...

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