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MONTGOMERY v. WADSWORTH PLUMBING & HEATING CO.

564 P.2d 703 (1977)

278 Or. 455

Maurice MONTGOMERY, Respondent/Cross-Appellant, v. WADSWORTH PLUMBING AND HEATING COMPANY, Inc., Dba Law & Sons, Appellant.

Supreme Court of Oregon, Department 1.

Decided May 24, 1977.

Attorney(s) appearing for the Case

Gary M. Bullock, Portland, argued the cause and filed the brief for appellant.

Graham Walker, Portland, argued the cause for respondent/cross-appellant. With him on the brief was Robert M. Mercer, Portland.

Before DENECKE, C.J., TONGUE and HOWELL, JJ., and BRADSHAW, J. Pro Tem.

BRADSHAW, Justice Pro Tem.

Plaintiff and defendant entered into an oral agreement whereby plaintiff was to prepare estimates of cost, overhead and profit to be used by defendant in preparing and submitting bids on projects involving installation of utility pipelines. Plaintiff was to supervise the work on projects on which defendant was the successful bidder. Plaintiff had considerable prior experience as a superintendent on installation of such utility lines and...

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