COE v. McELLIGOTT

7386; CA A38664.

739 P.2d 57 (1987)

86 Or.App. 272

Ned COE, Dba Coe Electric, Respondent, v. Joseph P. McElligott and Jeri D. McElligott, Husband and Wife, Appellants, and Bank of Eastern Oregon, a Corporation, Defendant.

Court of Appeals of Oregon.

July 8, 1987.


Attorney(s) appearing for the Case

William J. Kuhn, Heppner, argued the cause for appellants. With him on the briefs was Kuhn and Spicer, Heppner.

William A. Galbreath, Milton-Freewater, argued the cause and filed the brief for respondent.

Before WARDEN, P.J., and JOSEPH, C.J., and VAN HOOMISSEN, J.


WARDEN, Presiding Judge.

Defendants McElligott appeal from a judgment foreclosing plaintiff's construction lien. They contend that the trial court erred in failing to grant their motion for a directed verdict.1 We reverse.

In 1982, the McElligotts purchased the unfinished house, which is the subject of plaintiff's construction lien, from defendant bank, which had previously obtained it...

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