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MARK WENDT HOMES, INC. v. WILCHER

98-00119-CV; A112681.

63 P.3d 1271 (2003)

186 Or. App. 416

MARK WENDT HOMES, INC., an Oregon corporation, Respondent, v. Eddie L. WILCHER, Appellant, and C & K Market, Inc., 401(K) Profit Sharing Plan and Trust, Defendant.

Court of Appeals of Oregon.

Decided February 19, 2003.

Attorney(s) appearing for the Case

Douglas J. Richmond, Medford, argued the cause for appellant. With him on the briefs were Erik J. Glatte and Kellington, Krack, Richmond, Blackhurst & Sutton, LLP.

Andrew C. Brandsness, Klamath Falls, argued the cause for respondent. With him on the brief was Brandsness, Brandsness & Rudd, P.C.

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

LANDAU, P.J.

Plaintiff, a contractor, filed this action to foreclose on a construction lien based on defendant's failure to pay for plaintiff's construction of a fireplace.1 Plaintiff contended that the oral contract was a "cost-plus" contract and that it was entitled to its material costs plus a margin of 5 percent, for a total of $13,610. Defendant argued that the cost-plus contract was not to exceed $8,000 and that, in any event, plaintiff...

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