FIDANZO v. BAILEY


556 P.2d 1361 (1976)

276 Or. 963

William FIDANZO, Respondent, v. Albert J. BAILEY and Jean Bailey, Husband and Wife, Appellants, Henry L. Bauer, Trustee, and Portland Federal Savings & Loan Association, Aka Far West Federal Savings & Loan Association, a Corporation, Defendants.

Supreme Court of Oregon, Department 2.

Decided December 16, 1976.


Attorney(s) appearing for the Case

P. Michael Strooband, Portland, argued the cause for appellants. With him on the brief were Gary M. Galton and Galton & Popick, Portland.

Roger F. Anderson, Tigard, argued the cause for respondent. On the brief were Fred A. Anderson and Anderson, Dittman & Anderson, Tigard.

Before DENECKE, C.J., and TONGUE, BRYSON and LENT, JJ.


PER CURIAM.

Plaintiff brought this suit to foreclose his mechanic's lien for landscaping services. The defendant homeowners contested the amount of the claim and claimed a setoff because of faulty workmanship. The defendants are dissatisfied with the decision on both aspects of their defense and appeal.

This is in equity; therefore, we try the suit de novo. However, the trial court's findings on issues in which the evidence is conflicting are persuasive.<...

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