616 P.2d 1186
No. 1622, CA 15984Oregon Court of Appeals.Argued and submitted August 11, 1980
Reversed September 22, 1980
Judicial Review from Builders Board.
Michael L. Mowrey, Grants Pass, argued the cause for petitioner. With him on the brief was Brown, Hughes, Bird
Lane, Grants Pass.
Al J. Laue, Assistant Attorney General, Salem, argued the cause for respondent Builders Board. With him on the brief were James M. Brown, Attorney General, and Walter L. Barrie, Solicitor General, Salem.
No appearance by respondent Martin.
Before Joseph, Presiding Judge, and Warden and Warren, Judges.
PER CURIAM
Reversed.
Page 236-a
PER CURIAM
Petitioner, a builder, seeks review of an order by the Builders Board that he pay claimant $3,500 as damages for breach of a construction contract. Assuming that there was a valid contract between the builder and the claimant and that the builder breached that contract, there was no evidence to support a conclusion that $3,500 was the reasonable and necessary consequence of that breach. Midwest Fabrication v. Woodex, Inc., 40 Or. App. 675, 596 P.2d 581, rev den (1979).
Reversed.
Page 236-b
[EDITORS’ NOTE: THIS PAGE IS BLANK.]
Page 237