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GREAT WEST CONST. CO. v. MARTIN CORP.

(9607-05717; CA A100353).

13 P.3d 1016 (2000)

170 Or. App. 616

GREAT WEST CONSTRUCTION COMPANY, an Oregon corporation, Appellant, v. MARTIN CORPORATION, an Oregon corporation, Michael L. Martin, Jinny R. Martin and Aquatic Designs, Inc., an Oregon corporation, Respondents. Martin Corporation, Third-Party Plaintiff, v. Jackson School Village Limited Partnership, Third-Party Defendant.

Court of Appeals of Oregon.

Decided November 1, 2000.

Attorney(s) appearing for the Case

S. Ward Greene, Portland, argued the cause for appellant. With him on the briefs were M. Elizabeth Duncan, Portland, and Greene & Markley, P.C.

G. Kenneth Shiroishi, Portland, argued the cause for respondents Martin Corporation and Michael L. Martin. With him on the brief were Mitchell C. Baker, Portland, and Dunn, Carney, Allen, Higgins & Tongue.

No appearance for respondents Jinny R. Martin and Aquatic Designs, Inc.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

Plaintiff initiated this action for breach of contract. Defendant Martin Corporation (defendant) counterclaimed for breach, as well. Both claims were submitted to the jury, which returned a special verdict finding that both parties had breached, but that plaintiff's damages exceeded defendant's. After the jury was excused, the trial court announced its intention to enter a judgment in favor of plaintiff for the net amount of damages. Defendant moved for...

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