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PORTLAND ELEC. & PLUMBING CO. v. SIMPSON

No. 41-169; CA A21377.

651 P.2d 172 (1982)

59 Or.App. 486

PORTLAND ELECTRIC & PLUMBING CO., an Oregon Corporation, Respondent-Cross-Appellant, v. Donald A. SIMPSON, a General Partner of Holly Tree Associates, Ltd., Appellant-Cross-Respondent, Wells Fargo Realty Advisors, Inc., and Donald Patterson, Dba Mt. Scott Electric & Construction, Defendants.

Court of Appeals of Oregon.

Decided September 29, 1982.

Attorney(s) appearing for the Case

James B. Richardson, Beaverton, argued the cause and filed the briefs for appellant-cross-respondent. With him on the briefs was Robin E. Pope, Beaverton.

David P. Weiner, Portland, argued the cause and filed the brief for respondent-cross-appellant.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

WARDEN, Judge.

Plaintiff, a supplier of plumbing and electrical materials, brought this action to foreclose a construction lien in the amount of $45,109.06. The trial judge found that a release plaintiff had executed was effective to release a portion of plaintiff's claim, and that, by not taking into consideration the release in computing the lien amount, plaintiff had committed negligence so gross as to create a presumption of fraud, thereby invalidating the lien...

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