Chalmers v. Concrete Bob, Inc.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Contract Law
  • Date Filed: 09-17-2014
  • Case #: A153075
  • Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & Schuman, J.
  • Full Text Opinion

Interpretation of a contract is matter of law, but where the trial court's interpretation depends on factual determinations, those are accepted if supported by any competent evidence.

Chalmers, homeowner, appealed a judgment in favor of Concrete Bob, Inc., a construction contractor, following a breach of contract suit. Chalmers entered into a contract with Concrete Bob Inc. for concrete work to be done on her property. Chalmers claimed that Concrete Bob, Inc. did not perform the contract properly and sought damages. Concrete Bob, Inc. argued that they performed in accordance with the contract and filed a counterclaim for breach of contract and unjust enrichment. The trial court ruled in favor of Concrete Bob, Inc. and Chalmers appealed. On appeal, Chalmers argued that the trial court failed to distinguish between conclusion of law and findings of fact. The Court agreed, holding that it couldn't be discerned whether the trial courts determinations were based on a matter of law or a matter of fact. Chalmers breach of contract claim vacated and remanded, otherwise affirmed.

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