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PARTHENON CONST. & DESIGN, INC. v. NEUMAN

(97-1276-E-3; CA A103698)

999 P.2d 1169 (2000)

166 Or. App. 172

PARTHENON CONSTRUCTION & DESIGN, INC., an Oregon corporation, Appellant, v. Douglas A. NEUMAN and Mountain Park Development, LLC, Douglas A. Neuman and Rebecca R. Neuman, Trustees of the Neuman Living Trust, Respondents. Douglas A. Neuman and Mountain Park Development, LLC, Douglas A. Neuman and Rebecca R. Neuman, Trustees of the Neuman Living Trust, Third-Party Plaintiffs—Respondents, v. Dallas E. Page and Jodi Page, Third-Party Defendants—Appellants.

Court of Appeals of Oregon.

Decided March 15, 2000.

Attorney(s) appearing for the Case

John R. Hanson, Medford, argued the cause for appellant. With him on the briefs was Werdell & Hanson.

David V. Gilstrap, Ashland, argued the cause for respondents. With him on the brief was Davis, Gilstrap, Hearn & Welty.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

Plaintiff Parthenon Construction & Design, Inc., appeals. Plaintiff assigns error to the trial court's allowance of summary judgment against plaintiff's claims seeking (1) payment or lien foreclosure for construction-related services; and (2) specific performance of an oral agreement to convey an interest in real property.1 In particular, plaintiff contends that the court erred in determining that, under ORS 701.065 (1995...

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