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PHILLIPS v. GIBSON

No. 91-CV-0258-ST; CA A83710.

893 P.2d 574 (1995)

133 Or. App. 760

Larry R. PHILLIPS, dba Phillips Construction, Appellant, v. John R. GIBSON and Gail Gibson, husband and wife, Respondents.

Court of Appeals of Oregon.

Decided April 19, 1995.

Attorney(s) appearing for the Case

Gerald A. Martin, Bend, argued the cause, for appellant. With him on the brief was Francis & Martin.

Gregory P. Lynch, Bend, argued the cause, for respondents. With him on the brief were Stanley D. Austin and Holmes, Hurley, Bryant, Lovlien & Lynch.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

Plaintiff brought this action for lost profits on a construction contract allegedly breached by defendants. The trial court, sitting without a jury, concluded that the contract had been rescinded and dismissed all claims.1 Plaintiff appeals. We review for errors of law, and reverse.

Plaintiff, a licensed building contractor, entered into a contract with defendants on August 15, 1990, to construct a residence for...

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