R.D. FITZGERALD & SONS, INC. v. BANKS

No. 32188; CA 17690.

628 P.2d 760 (1981)

52 Or.App. 497

R.D. FITZGERALD & SONS, INC., an Oregon Corporation, Respondent, v. Robey BANKS, Appellant.

Court of Appeals of Oregon.

Decided May 26, 1981.


Attorney(s) appearing for the Case

W.A. Jerry North, Portland, argued the cause for appellant. With him on the brief were Katherine H. O'Neil and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

No Appearance for respondent.

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


WARREN, Judge.

In January, 1976, defendant, a general contractor, retained the services of plaintiff in connection with the construction of a dwelling in Multnomah County. As a result of the plaintiff's alleged negligence in the performance of the work, the foundation of the home became cracked and was repaired by the defendant at a cost of approximately $3,044. For his work, plaintiff billed defendant $1,114.50, which defendant refused to pay. In September, plaintiff...

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