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HIGHWAY COM. v. STATE CONSTRUCTION CO.

203 Or. 414 (1955)

280 P.2d 370

STATE HIGHWAY COMMISSION v. STATE CONSTRUCTION COMPANY and CONTINENTAL CASUALTY COMPANY

Supreme Court of Oregon.

Affirmed February 23, 1955.

Attorney(s) appearing for the Case

Charles Peterson, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, C.W. Enfield, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission, and Leonard I. Lindas, all of Salem.

L.A. Recken, Portland, argued the cause for respondents. On the brief were Recken & Recken, Portland, and Henry Elliott, Seattle, Washington.

Before WARNER, Chief Justice, and TOOZE, LUSK and BRAND, Justices.

AFFIRMED.

TOOZE, J.

This suit was originally commenced as an action at law to recover the sum of $8,634.95 and was brought by the State of Oregon, by and through its State Highway Commission, as plaintiff, against State Construction Company, a corporation, and Continental Casualty Company, a corporation, as defendants. Defendants answered plaintiff's complaint and affirmatively pleaded matters arising out of the facts requiring the interposition of a court...

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