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HORSLEY PLUMBING & HEATING SERVICE v. HERZMAN

562 P.2d 170 (1977)

HORSLEY PLUMBING & HEATING SERVICE, Inc., an Oregon Corporation, Respondent, v. Larry A. HERZMAN and Alice A. Herzman, Husband and Wife, Doing Business As Ladar Construction Company, Appellant.

Supreme Court of Oregon, Department 1.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Herbert A. Putney, of Boyer & Putney, Medford, argued the cause and filed a brief for appellant.

Robert C. Robertson, of Robertson & Hilts, Medford, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and HOWELL, LENT and BRADSHAW, JJ.

DENECKE, Chief Justice.

The plaintiff was a plumbing contractor and the defendants were general contractors. Plaintiff secured a judgment for labor and materials against defendants in the sum of $11,154.95. Defendants appeal.

The plaintiff pleaded and proceeded at trial on the theory of "account stated." The defendants contend plaintiff has not proved an "account stated." We conclude that this is not an instance of...

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