1. Home
  2. Browse Decisions
  3. P.3d
  4. 193 P.3d
  5. 193 P.3d 9 (2008)
 

McDOWELL WELDING & PIPEFITTING, INC. v. U.S. GYPSUM CO.

(CC 01-2126; CA A125459; SC S054626).

193 P.3d 9 (2008)

345 Or. 272

McDOWELL WELDING & PIPEFITTING, INC., an Oregon corporation, Petitioner on Review, v. UNITED STATES GYPSUM COMPANY, a Delaware corporation; Port of St. Helens, an Oregon corporation; BE & K Construction Co., Inc., an Alabama corporation, Respondents on Review. and E C Company, dba Electrical Construction Co., Defendant. United States Gypsum Company, a Delaware corporation; BE & K Construction, Co., Inc., an Alabama corporation, and Port of St. Helens, an Oregon municipal corporation, Respondents on Review, v. McDowell Welding & Pipefitting, Inc., an Oregon corporation, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided September 18, 2008.

Attorney(s) appearing for the Case

James T. McDermott, of Ball Janik LLP, Portland, argued the cause and filed brief for petitioner on review. With him on the brief were Bruce H. Cahn and Aaron D. Goldstein.

Daniel K. Reising, of Fucile & Reising LLP, Portland, argued the cause and filed the brief for respondents on review United States Gypsum Company and BE & K Construction Co., Inc.

No appearance for respondent on review Port of St. Helens.

Walter J. Ledesma, of Klein, Hand and Ledesma, P.C., Woodburn, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Janet Metcalf, Assistant Attorney General, Salem, filed the brief for amicus curiae State of Oregon.

KISTLER, J.

Plaintiff brought this action, alleging that defendants had failed to pay for work that plaintiff had done on a construction project. Defendants denied that allegation and alleged, as an affirmative defense, that plaintiff had agreed to release its claims against defendants in return for defendants' paying plaintiff $896,000. Defendants also counterclaimed for specific performance of that settlement agreement....

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases