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HEINER v. PORTER

No. 9405091CV; CA A97974

994 P.2d 1199 (1999)

164 Or. App. 508

Kurt HEINER and Cheryl Heiner, husband and wife, Respondents, v. Mary Elizabeth PORTER, individually, Defendant-Appellant, and Mary Elizabeth Porter, Personal Representative of the Estate of Daniel Robert Porter, Deceased; and Dan Porter Log Homes, Inc., an Oregon corporation, Defendants.

Court of Appeals of Oregon.

Decided December 22, 1999.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant.

Timothy Bennett argued the cause for respondents. With him on the brief were Thomas W. Brown, Wendy N. Margolis, Moore & Associates and Cosgrave, Vergeer & Kester.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

ARMSTRONG, J.

Defendant Mary Elizabeth Porter (defendant) appeals from a judgment holding her liable for damages that plaintiffs sustained as the result of breaches of a contract by which Dan Porter, defendant's husband (Dan),1 agreed to build a log home for plaintiffs. Defendant was not a party to the contract. The issue on appeal is whether the trial court correctly held, on plaintiffs' motion...

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