HOLMES v. ANTHONY

No. 80-4-100; CA 18065.

643 P.2d 372 (1982)

56 Or.App. 666

William E. HOLMES Dba Sunrise Homes, Appellant, v. William C. ANTHONY and Alberta S. Anthony, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided April 5, 1982.

Reconsideration Denied May 13, 1982.

Review Denied June 9, 1982.


Attorney(s) appearing for the Case

Frank M. Parisi, Portland, argued the cause for appellant. With him on the briefs were Edwin A. Harnden, Craig D. Bachman and Spears, Lubersky, Campbell & Bledsoe, Portland.

Sid Brockley, Oregon City, argued the cause and filed the brief for respondents.

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


BUTTLER, Presiding Judge.

Plaintiff appeals from the dismissal of his suit for a declaratory judgment and other relief, on the ground that there was another action pending between the same parties for the same cause. ORCP 21 A.(3).

In September, 1976, plaintiff and defendant entered into a contract whereby plaintiff agreed to construct defendants' family residence. The contract included an arbitration clause covering certain types of disputes which might arise...

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