General Casualty Company of America, a Corporation v. School District No. 5, Baker County, State of Oregon, Ex Rel. S. C. Lyons

The above named School District commenced the instant ex rel. action to recover for the use and benefit of Lyons a balance claimed to be due from appellant for sheet metal work done by Lyons for this School District.

From the abbreviated record on appeal it appears that one James Lundgren, a resident of Washington (who was not served in this action) was doing business in Oregon under the name of Pacific Construction Company. This company was the general contractor on a high school and swimming pool job at Baker, Oregon ; appellant became surety for Lundgren on this job. Appellant’s brief states that Lyons testified that he was “employed” by Pacific Construction Co. to build and install a certain smoke vent in the high school. Sometime thereafter Lyons was employed to finish the remainder of the sheet metal work on the school.

The evidence regarding the labor and materials furnished by Lyons came from his time records kept by his employees and his bookkeeper, his social security tax returns, his State Industrial Accident returns, other “internal” records maintained by Lyons, summaries of his claims in this proceeding, and his oral testimony “explaining” the records offered in…