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MILLER CONST. CO. v. D.M. DRAKE CO.

221 Or. 249 (1960)

351 P.2d 41

W.D. MILLER CONSTRUCTION CO. v. DONALD M. DRAKE COMPANY

Supreme Court of Oregon.

Affirmed April 13, 1960.

Attorney(s) appearing for the Case

Marshall C. Cheney, Jr., Portland, argued the cause for appellant. With him on the brief were Koerner, Young, McColloch & Dezendorf, Portland.

R.B. Maxwell, Klamath Falls, argued the cause for the respondent. With him on the brief was H.F. Smith, Klamath Falls.

Before McALLISTER, Chief Justice, and ROSSMAN, O'CONNELL and HARRIS, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the defendant, Donald M. Drake Company, a corporation, from a judgment in the sum of $13,638.92 which the circuit court entered in favor of the plaintiff, W.D. Miller Construction Co., also a corporation. The case was tried without a jury and the judgment is based upon findings of fact and conclusions of law. The plaintiff maintains a plant in Klamath Falls from which it furnishes transit-mixed concrete to contractors...

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