THOMAS v. SCHMIDT

No. A93-264; CA A21649.

648 P.2d 376 (1982)

58 Or.App. 343

Elvira THOMAS, Appellant, v. Fred W. SCHMIDT, Dba Tri-Tex Roofing & Siding Co., Respondent.

Court of Appeals of Oregon.

Decided July 21, 1982.


Attorney(s) appearing for the Case

Elvira A. Thomas, filed the briefs pro se for appellant.

H. Thomas Evans, and Evans & Armstrong, Eugene, filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


VAN HOOMISSEN, Judge.

Plaintiff appeals from a judgment in her favor arising out of her action for breach of contract. The issue is whether the trial court applied the correct measure of damages. Plaintiff contends that the court erred in fixing damages by using the difference-in-value rule rather than the cost-of-repair rule.

Plaintiff and defendant entered into written contracts whereby defendant agreed to re-roof a house and garage. In her complaint, plaintiff...

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