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VALLEY EXCAVATING, INC. v. CLARK

881811; CA A63266.

810 P.2d 869 (1991)

107 Or.App. 42

VALLEY EXCAVATING, INC., an Oregon Corporation, Respondent, v. Stephen CLARK and Rose Clark, Dba down to Earth Landscapes, Appellants.

Court of Appeals of Oregon.

Decided May 1, 1991.

Attorney(s) appearing for the Case

Daniel N. Gordon, Eugene, argued the cause for appellants. With him on the briefs was Daniel N. Gordon, P.C., Eugene.

Malcolm L. Brand, Salem, argued the cause and filed the brief for respondent.

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

DEITS, Judge.

Defendants appeal from a judgment for plaintiff for breach of contract. Defendants contend that the contract between plaintiff and them was a landscape contract and was subject to minimum standards under ORS 671.625 and that, because it did not meet those standards, the trial court erred in denying their motion to dismiss and in entering a judgment for plaintiff on the contract claim. They also argue that their motion to dismiss should have been granted...

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