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PARAMORE v. ROSE

36077; CA A42555.

752 P.2d 1291 (1988)

90 Or.App. 569

Anna PARAMORE, Linda Gossard, David Paramore, and Philip D. Gossard, Dba H.T. Construction, Appellants, v. Clifford ROSE, Richard H. Ettinger, Neal A. Goldsmith, John Urback, Robert L. Jensen, Patrick L. Connor, Edward Straka, and William J. Ellis, Dba Star Mountain Ranch, Respondents, and Hixson & Gasbar Corporation, Dba Dick Gasbar Excavating, Defendants.

Court of Appeals of Oregon.

Decided April 20, 1988.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellants. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann, Salem.

William M. Holmes, Bend, argued the cause for respondents. With him on the brief was Gray, Fancher, Holmes, Hurley & Bischof, Bend.

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

DEITS, Judge.

Plaintiff, H.T. Construction (H.T.), appeals a summary judgment for defendant Star Mountain Ranch (Star Mountain) in this action to recover payment for excavation services.1 At issue is whether there is any agreement, express or implied, on which Star Mountain may be held liable to H.T. We affirm.

Star Mountain contracted with Dick Gasbar Excavating (Gasbar) to repair an earthen dam spillway on its property in accordance...

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