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BARBOUR ET AL. v. JOHNSON ET AL.

201 Or. 375 (1954)

269 P.2d 531

270 P.2d 633

BARBOUR ET AL. v. JOHNSON ET AL.

Supreme Court of Oregon.

Reversed April 7, 1954.

Rehearing denied and original opinion modified May 12, 1954.

Costs retaxed May 19, 1954.

Attorney(s) appearing for the Case

Grant T. Anderson, of Portland, argued the cause for appellants. With him on the briefs were King, Wood, Miller, Anderson & Nash, of Portland.

John Sabin, of Portland, argued the cause for respondents. On the brief were Wilbur, Mautz, Souther & Spaulding and Arno H. Denecke, of Portland.

Before LATOURETTE, Chief Justice, and WARNER, TOOZE and PERRY, Justices.

REVERSED.

PERRY, J.

This is an action at law brought by the plaintiffs (who are painting contractors) against the defendants (who are partners in the business of constructing and erecting prefabricated houses) to recover the sum of $4,563.01, of which sum the defendants acknowledge $1,988.19 as due and owing to the plaintiffs. The balance of $2,574.82 claimed to be due by the plaintiffs is contested by the defendants. A jury was waived and the cause tried...

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