FAR WEST REFORESTERS, INC. v. STATE, ETC.

No. 119-879; CA A22375.

656 P.2d 374 (1982)

61 Or.App. 138

FAR WEST REFORESTERS, INC., a Corporation, Appellant, v. STATE of Oregon, through Its Department of Forestry, Respondent.

Court of Appeals of Oregon.

Decided December 29, 1982.


Attorney(s) appearing for the Case

Marybeth Ormsby, Portland, argued the cause for appellant. With her on the brief were Allen & Yazbeck, and Joseph A. Yazbeck, Jr., Portland.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before JOSEPH, C.J., and THORNTON and VAN HOOMISSEN, JJ.


JOSEPH, Chief Judge.

Plaintiff brought this action to recover $18,000.50 for planting 259 acres of tree seedlings that allegedly were not included in the amount of planting required to be done under the written contract between the parties. Both parties moved for summary judgment. The trial court granted defendant's motion, and plaintiff appeals from the judgment.

In October, 1979, the Department of Forestry invited bids

"* * * to furnish all equipment...

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