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CALBAG METALS CO. v. GUY F. ATKINSON CO.

A8509-05683; CA A44431.

770 P.2d 600 (1989)

95 Or.App. 514

CALBAG METALS CO., an Oregon Corporation, Respondent-Cross-Appellant, v. GUY F. ATKINSON COMPANY, Dba Bingham-Willamette Company, a Nevada Corporation, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided March 8, 1989.

Attorney(s) appearing for the Case

Louis H. Henry, Portland, argued the cause for appellant — cross-respondent. With him on the briefs were Bruce A. Rubin and Miller, Nash, Wiener, Hager & Carlsen, Portland.

John M. Berman, Beaverton, argued the cause and filed the brief for respondent — cross-appellant.

Before JOSEPH, C.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Defendant (seller) appeals a judgment for plaintiff (buyer) in this action for breach of a contract to sell scrap metal (the scrap metal contract) and of another contract to sell three stainless steel pumps (the pump contract). It asserts that there was no meeting of the minds as to the scrap metal contract and that, if there was, the court erred when it held that buyer did not need to attempt to "cover" or otherwise mitigate its damages after seller...

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