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SUN SOLUTIONS, INC. v. BRANDT

83-1071; CA A32006.

698 P.2d 527 (1985)

73 Or.App. 330

SUN SOLUTIONS, INC., an Oregon Corporation, Appellant, v. Vernon E. BRANDT and Myrna Brandt, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided April 17, 1985.

Attorney(s) appearing for the Case

Martha M. Hicks, Portland, argued the cause for appellant. With her on the brief were Duffy, Gibson & Hicks, Portland.

Jerry K. Brown, McMinnville, argued the cause for respondents. With him on the brief were Cummins, Cummins, Brown & Goodman, P.C., McMinnville.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

Plaintiff appeals a judgment in this construction lien foreclosure action, see ORS 87.060, entered after the court granted defendant's motion to dismiss the complaint. ORCP 21. Plaintiff pleaded that, on December 27, 1972, at the request of the contractor, it had furnished material valued at $1,654.72, which was used and incorporated into defendants' dwelling and that

"[w]ithin ten days after the date of delivery by Plaintiff of said...

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