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SUNSET INDUSTRIES, INC. v. BARTEL

22-668; CA A37034.

734 P.2d 897 (1987)

84 Or. App. 537

SUNSET INDUSTRIES, INC. an Oregon Corporation Dba All Seasons Structures, Respondent-Cross-Appellant, v. Verna M. BARTEL, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided March 25, 1987.

Attorney(s) appearing for the Case

Lee A. Hansen, Portland, argued the cause for appellant-cross-respondent. With him on the briefs was Brown & Hansen, Portland.

John W. Stewart, Salem, argued the cause and filed the briefs for respondent-cross-appellant.

Before RICHARDSON, P.J., and WARREN and DEITS, JJ.

DEITS, Judge.

Plaintiff filed this action to foreclose a construction lien for $5,350, the amount allegedly owed on plaintiff's construction contract with defendant. Defendant counterclaimed for damages for breach of the contract. The trial court found that the lien was untimely but awarded plaintiff the amount of its prayer on the basis of quantum meruit. The court also awarded defendant $2,472 on her counterclaim and attorneys' fees for defense of the lien...

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