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MIDWEST FABRICATION, INC. v. WOODEX, INC.

No. 32234; CA 12307.

596 P.2d 581 (1979)

40 Or.App. 675

MIDWEST FABRICATION, INC., an Oregon Corporation, Respondent, v. WOODEX, Incorporated, an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided June 18, 1979.

Attorney(s) appearing for the Case

Harold D. Gillis, Eugene, argued the cause and filed briefs for appellant.

J.W. Walton, Corvallis, argued the cause for respondent. With him on brief was Ringo, Walton, Eves & Gardner, P.C., Corvallis.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.

JOSEPH, Judge.

Midwest Fabrication brought this action to recover $31,627.22 as the value of labor and materials furnished to Woodex at the latter's request. Woodex denied all allegations other than the corporate status of each of the parties and, as an affirmative defense, alleged that Midwest had expressly agreed to perform the work in question for a price not to exceed $20,000. Woodex also counterclaimed for damages resulting from Midwest's failure to perform the...

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