DALE'S SAND & GRAVEL CO. v. WESTWOOD CONST.

No. 39 159; CA A22245.

661 P.2d 1378 (1983)

62 Or.App. 570

DALE'S SAND & GRAVEL CO., Inc., an Oregon Corporation, Plaintiff-Respondent, Cross-Appellant, v. WESTWOOD CONSTRUCTION CO., Defendant-Third Party Plaintiff, Appellant-Cross-Respondent, v. LANDAMER REALTY, Inc., an Oregon Corporation, Third Party Defendant and Third Party Plaintiff-Respondent, Appellant, v. WAKER ASSOCIATES, Inc., an Oregon Corporation, Third Party Defendant, Respondent.

Court of Appeals of Oregon.

Decided April 13, 1983.


Attorney(s) appearing for the Case

William F. Thomas, Portland, argued the cause for plaintiff-respondent, cross-appellant, Dale's Sand & Gravel Co., Inc. With him on the briefs was Fred C. Nachtigal, Hillsboro.

Michael B. Wallstein, Portland, argued the cause for defendant-third-party plaintiff, appellant-cross-respondent, Westwood Construction Co. With him on the briefs was Bernard, Hurley, Crawford & Kneeland, Portland.

James N. Westwood, Portland, argued the cause for third party defendant and third party plaintiff, respondent-appellant, LandAmer Realty, Inc. With him on the briefs were John R. Bakkensen and Miller, Nash, Yerke, Wiener & Hager, Portland.

Katherine O'Neil, Portland, argued the cause for third party defendant, respondent, Waker Associates, Inc. With her on the brief were Kenneth E. Roberts and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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


WARDEN, Judge.

This case originated as a suit to foreclose a construction lien. Dale's Sand & Gravel Co., Inc. (Dale's) was a subcontractor that performed excavation and compacting work on a construction project. Instead of suing the owner of the property, LandAmer Realty, Inc. (LandAmer), to foreclose its lien, Dale's sued the general contractor, Westwood Construction Co. (Westwood). Westwood brought a third-party indemnity action against LandAmer, which in turn...

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