BECKER v. DeLEONE

8695; CA A32318.

717 P.2d 1185 (1986)

78 Or.App. 530

Richard D. BECKER, Dba High Chaparral Construction and Madras Builders Center, Inc., Respondents-Cross-Respondents, v. Samuel DeLeone, Appellant, v. Heritage Insurance Company of America, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided April 16, 1986.

Reconsideration Denied June 6, 1986.


Attorney(s) appearing for the Case

Lawrence W. Erwin, Bend, argued the cause and filed the briefs for appellant.

Mildred J. Carmack, Portland, argued the cause for respondent-cross-appellant. With her on the brief were J. Stephen Werts and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Paul J. Speck, Bend, waived appearance for respondent-cross-respondent Richard D. Becker.

Gordon W. Stewart, Madras, waived appearance for respondent-cross-respondent Madras Builders Center, Inc.

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


WARDEN, Judge.

Plaintiff Becker, dba High Chaparral Construction, (plaintiff),1 a general contractor, brought this action against defendant DeLeone for sums due on a contract for construction of a commercial building. DeLeone counterclaimed, alleging that plaintiff had breached the contract and seeking damages for plaintiff's failure to build the building in a workmanlike manner. DeLeone also filed a third party claim against Heritage...

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