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AUSLAND CONST., INC. v. CITY OF ROGUE RIVER

No. 76-1070-L; CA 10927.

590 P.2d 255 (1979)

38 Or.App. 295

AUSLAND CONSTRUCTION, Inc., Respondent, v. CITY OF ROGUE RIVER, Oregon, Appellant, and CITY OF ROGUE RIVER, Oregon, Third Party Plaintiff, v. Per ZIMMERLUND, Third Party Defendant.

Court of Appeals of Oregon.

Decided January 29, 1979.

Attorney(s) appearing for the Case

Raymond J. Salisbury, of Schultz, Salisbury, Cauble & Snider, Grants Pass, argued the cause and filed briefs for appellant.

Gene L. Brown, of Brown, Hughes, Bird & Lane, Grants Pass, argued the cause and filed a brief for respondent.

Before SCHWAB, C.J., GILLETTE and ROBERTS, JJ., and HOWELL, J. Pro Tem.

HOWELL, Judge Pro Tem.

Plaintiff, a contractor, filed this action to recover a balance of $4,700 due on a contract to construct a sewage treatment plant for the City of Rogue River. The defendant City admitted the balance was owing to plaintiff but counterclaimed for $9,000 for failure to install a walkway around the plant and for $947 for failure to install certain electrical controls.1 The action was tried without a jury and the trial...

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