L.S. HENRIKSEN CONST., INC. v. SHEA

C950364CV; CA A91723.

961 P.2d 295 (1998)

155 Or. App. 156

L.S. HENRIKSEN CONSTRUCTION, INC., Appellant, v. Peter Owen SHEA, Individually, and Fore-Sight Enterprises, Inc., Respondents, and LBH Construction, Inc., Defendant.

Court of Appeals of Oregon.

Decided July 15, 1998.


Attorney(s) appearing for the Case

A. Richard Vial argued the cause and filed the brief for appellant. With him on the brief were A.R. Vial & Associates, P.C., and Karen J. Johnson.

Kurt Maul argued the cause for respondents. With him on the brief were Richard V. Bayless and Bayless, Stiner & Murphy.

Before LANDAU, P.J., and LINDER and WOLLHEIM, JJ.


LANDAU, Presiding Judge.

Plaintiff appeals a judgment dismissing his claim for unjust enrichment and awarding attorney fees to defendants. Plaintiff assigns error to the dismissal and to the award of attorney fees. We affirm the dismissal of the unjust enrichment claim, but reverse the award of attorney fees and remand.

We take the facts as pleaded in the complaint. Sager v. McClenden, 296 Or. 33, 35,

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