Lincoln Construction, Inc. v. Thomas J. Parker & Associates, Inc.

This is an action for breach of contract. The trial court, sitting without a jury, made a general finding for the plaintiff on its complaint, and against the defendant on its counterclaim, and entered judgment for the plaintiff. The Court of Appeals reversed the trial court as to plaintiff’s complaint and affirmed as to defendant’s counterclaim. 43 Or App 207, 602 P2d 676 (1979). We reverse the Court of Appeals and order the reinstatement of the trial court judgment.

Weyerhaeuser was the successful bidder on a timber sales contract with the United States Forest Service. The contract required…