LINCOLN CONST. v. THOMAS J. PARKER & ASSOC.

No. 77-2278-L-3; CA 11335.

602 P.2d 676 (1979)

43 Or.App. 207

LINCOLN CONSTRUCTION, Inc., Respondent, v. THOMAS J. PARKER & ASSOCIATES, Inc., Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted November 6, 1979.

Decided November 13, 1979.


Attorney(s) appearing for the Case

Sidney Ainsworth, Ashland, argued the cause for appellant. On the briefs was Jack Davis, Ashland.

William H. Ferguson, Medford, argued the cause for respondent. With him on the brief was Grant, Ferguson & Carter, Medford.


Resubmitted In Banc November 6, 1979.

JOSEPH, Judge.

In this action for breach of contract defendant appeals from a judgment in favor of plaintiff. The trial court, sitting without a jury, made a general finding in favor of plaintiff on its complaint and a general finding for plaintiff on defendant's counterclaim and awarded plaintiff $75,765 in damages, plus $22,500 in attorney's fees.

Defendant had a contract with Weyerhaeuser for the construction...

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