Paul & Backer Co. v. Newman

MENGLER, J. (Pro Tempore).

This is an appeal from a judgment for the defendant on a counterclaim. Plaintiff was under contract to construct the U. S. Post Office building in Prineville, Oregon. Defendant was the subcontractor for the masonry construction. The subcontract was terminated by the plaintiff prior to completion. Plaintiff completed the work required under the subcontract. Plaintiff filed an action alleging a breach of the subcontract and damages of $14,186.71 as the sum expended by him to complete the subcontract. Plaintiff admits he is withholding the sum of $7,453 from sums due…