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DeWITT-ERICKSON CONST. v. MORAN CONST.

A8204-02630; CA A36199.

739 P.2d 1071 (1987)

86 Or.App. 474

DeWITT-ERICKSON CONSTRUCTION, Inc., an Oregon Corporation, Respondent, v. MORAN CONSTRUCTION CO., a Foreign Corporation, Appellant, Freightliner Corporation, a Foreign Corporation, the Port of Portland, a Municipal Corporation, United Concrete Mobile, Inc., an Oregon Corporation, and United Equipment, Inc., an Oregon Corporation, Defendants.

Court of Appeals of Oregon.

Decided July 22, 1987.

Reconsideration Denied September 25, 1987.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellant. With him on briefs, were John F. Purcell and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Paul H. Krueger, Salem, argued the cause for respondent. With him on brief, was Clark, Marsh, Lindauer & McClinton, Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Moran Construction Co. (defendant) appeals from a judgment for plaintiff in an action for breach of a construction contract and for the foreclosure of a construction lien. The breach of contract claim was tried to a jury and the lien claim was simultaneously tried to the court. The controlling issue in both claims is whether plaintiff substantially performed its contract with defendant. The jury returned a verdict for plaintiff on the contract claim...

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