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CALHOUN v. BENNETT

060443660; A136708.

236 P.3d 745 (2010)

236 Or. App. 206

Jon Churchill CALHOUN and Callie Deen Calhoun, dba Caldeen Construction, Plaintiffs-Appellants, v. Rusty L. BENNETT, Liana L. Bennett, and Suntrust Mortgage, Inc., a foreign business corporation, Defendants-Respondents.

Court of Appeals of Oregon.

Decided July 7, 2010.

Attorney(s) appearing for the Case

Damien R. Yervasi, Baker City, argued the cause for appellants. On the briefs were Milo Pope and Yervasi Pope, P.C.

Sean C. Gay, Portland, argued the cause for respondent SunTrust Mortgage, Inc. With him on the brief were James N. Westwood and Stoel Rives LLP.

No appearance for respondents Rusty L. Bennett and Liana L. Bennett.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ARMSTRONG, J.

Plaintiffs, who are licensed construction contractors, appeal a judgment denying their claim for foreclosure of a construction lien and awarding them damages for breach of contract or quantum meruit in the amount of $40,000.1 They assert two assignments of error. First, they argue that the trial court erred in concluding that their construction lien was invalid because they...

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