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DAVISON v. PARKER

No. 78-611E; CA 16519.

622 P.2d 1113 (1981)

50 Or.App. 129

Roy W. DAVISON, Doing Business As Davison Bros. Concrete Pipe Products, Plaintiff-Appellant, v. Dan A. PARKER and Kathleen B. Parker As Individuals, and Big "D" Developers, Inc., Defendants-Respondents, Valley of the Rogue Bank and Transamerica Title Company, Defendants. Roy W. Davison, Doing Business As Davison Bros. Concrete Pipe Products, Third Party Plaintiff-Respondent, v. Gerald E. Bull and Eugene Concrete Pipe Co., an Oregon Corporation, Both Doing Business As Salem Concrete Pipe Co., Third Party Defendants-Appellants.

Court of Appeals of Oregon.

Decided January 26, 1981.

Reconsideration Denied March 4, 1981.

Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, argued the cause and filed the brief for plaintiff-appellant.

K. Patrick Neill, Eugene, argued the cause for third party defendants-appellants. With him on the briefs was Hershner, Hunter, Miller, Moulton & Andrews, Eugene.

Wally P. Martin, Grants Pass, argued the cause for defendants-respondents. With him on the brief was Martin & Wolke, Grants Pass.

Clayton C. Patrick, Salem, argued the cause and filed the brief for third party plaintiff-respondent.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

THORNTON, Judge.

Plaintiff Davison brought this suit to foreclose a construction lien and to recover the price of concrete sewer pipe sold to defendants Parker and Big "D" Developers, Inc. ORS 87.060. (Defendants Dan and Kathleen Parker are former sole shareholders of Big "D" Developers, Inc., which has been dissolved since the events in question occurred and whose debts the Parkers assumed.) Defendants interposed a counterclaim that some of the pipe delivered to...

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