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KASHMIR CORP. v. PATTERSON

No. 101,896; CA 12100; SC 26649.

616 P.2d 468 (1980)

289 Or. 589

The KASHMIR CORPORATION, an Oregon Corporation, Petitioner, v. James H. PATTERSON and Norma Patterson, Respondents.

Supreme Court of Oregon.

Decided September 10, 1980.

Attorney(s) appearing for the Case

J.P. Harris II, Salem, argued the cause and filed the briefs for petitioner. With him on the petition for review was Mark K. Grider, certified law student.

Michael J. Martinis, Salem, argued the cause for respondents. With him on the brief was Norman F. Webb, Salem.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, PETERSON and TANZER, JJ.

DENECKE, Chief Justice.

This is an action by the plaintiff builder against the defendant homeowners for moneys allegedly remaining due for the construction of a home. The builder brought his action in two counts, one for moneys remaining due under an express, written contract, and the other for the reasonable value of services rendered in building the home. Upon the owners' motion, the trial court struck the builder's reasonable value count. A jury returned a verdict...

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