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REMINGTON v. WREN

564 P.2d 1025 (1977)

278 Or. 471

Walter V. REMINGTON, Respondent, v. Patrick L. WREN and Joyce A. Wren, husband and Wife, Appellants.

Supreme Court of Oregon, Department 2.

Decided May 31, 1977.

Attorney(s) appearing for the Case

Kaye D. Brand of Craig & Brand, McMinnville, argued the cause and filed a brief for appellants.

H.W. Devlin, McMinnville, argued the cause for respondent. With him on the brief was Terrence D. Mahr, McMinnville.

Before DENECKE, C.J., and BRYSON, LINDE and MENGLER, JJ.

DENECKE, Chief Justice.

The plaintiff contracted in writing to build a home for the defendants Wren for a price of $20,953. Payments were to be made during the course of construction with the final payment on completion.

Mrs. Wren called plaintiff and asked for the final bill. Plaintiff's wife told Mrs. Wren it was $29,270.55 and Mrs. Wren said there must be a mistake. Plaintiff sent defendants a bill in that amount showing subcontractors' and suppliers' charges...

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