STONER ELEC., INC. v. GAUDRY

No. A7907-03638; CA 17927.

624 P.2d 155 (1981)

50 Or.App. 477

STONER ELECTRIC, Inc., an Oregon Corporation, Respondent, v. Marc Paul GAUDRY, Lawrence Gerald Gaudry, Paul Lewis Gaudry and Irene Rose Gaudry, Appellants.

Court of Appeals of Oregon.

Decided February 17, 1981.

Reconsideration Denied March 26, 1981.

Review Denied April 28, 1981.


Attorney(s) appearing for the Case

Howard R. Hedrick, Portland, argued the cause for appellants. With him on the briefs was Dana R. Taylor, Portland.

Leslie M. Roberts, Portland, argued the cause for respondent. With her on the brief was Kell, Alterman & Runstein, Portland.

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


BUTTLER, Judge.

In this action on a promissory note and guaranty agreement, defendants appeal from a judgment for plaintiff entered after defendants' affirmative defense of usury was stricken on plaintiff's motion. We affirm.

The underlying facts are not in dispute. Plaintiff provided labor and material to defendants Marc and Lawrence Gaudry pursuant to an agreement that payment was to be made when the work was completed. When payment was not made as agreed...

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