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McCONNELL v. LAMB

No. A8005-02967; CA A20885.

636 P.2d 983 (1981)

R.F. McConnell and Glenn D. Rydman, Dba Steinman Brothers Drilling Co., Respondents, v. Gary A. LAMB, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1981.

Attorney(s) appearing for the Case

Jon S. Henricksen, Gladstone, argued the cause and filed the brief for appellant.

Charles D. Bates, Portland, argued the cause for respondents. On the brief were Eugene L. Parker and Parker & McCann, Portland.

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

GILLETTE, Presiding Judge.

Plaintiff, a well-drilling company, brought this action for $9,315 for the cost of drilling a well. The complaint alleged alternative counts of account stated and quantum meruit. Defendant answered and counterclaimed for certain costs allegedly incurred as a result of plaintiff's breach of its contract to drill the well. Plaintiff moved for and was granted summary judgment on the theory of an account stated. Defendant appeals.

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