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TRI-CITY BLDG. CENTER v. STONERIDGE DEV.

No. 39-204; CA 19536.

653 P.2d 1012 (1982)

60 Or.App. 344

TRI-CITY BUILDING CENTER, Inc., a Corporation, Appellant, v. STONERIDGE DEVELOPMENT COMPANY, an Oregon Corporation, C.E. Wheelock, Benjamin Franklin Federal Savings and Loan Association of Portland, (Beneficiary), Franklin Service Corporation, Richard L. Wanke Dba Cascade Investment, Respondents, Trustees of the Oregon-Washington Carpenters-Employees Health and Welfare Trust Fund, Pension Trust Fund, Vacation Savings Trust Fund, and Apprenticeship and Training Trust Fund, Defendants.

Court of Appeals of Oregon.

Decided November 24, 1982.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed the brief for appellant.

Michael B. Wallstein, Portland, argued the cause for respondent Stoneridge Development Co. With him on the brief was Bernard, Hurley, Crawford & Kneeland, Portland.

Michael S. Fryar, Gresham, waived appearance for respondent Richard Wanke.

Before BUTTLER, P.J., JOSEPH, C.J., and WARDEN, J.

BUTTLER, Presiding Judge.

This is an action under ORS 87.060, to foreclose a construction lien against an apartment complex owned by defendant Stoneridge Development Company (Stoneridge). Plaintiff, a building supply company, appeals a decree awarding it judgment against defendant for $7,017.21, rather than the $47,746.89 it claimed. The court found that plaintiff had released its lien rights for part of the time period at issue, and that the balance due on materials...

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