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LITHIA LUMBER COMPANY v. LAMB

443 P.2d 647 (1968)

LITHIA LUMBER COMPANY, an Oregon Corporation, Appellant and Cross Respondent, v. R. Drew LAMB and Zelma C. Lamb, Husband and Wife; Magnolia Lumber Corporation, Inc., a Mississippi Corporation; R. Drew Lamb, Zelma C. Lamb, O.D. Carroll, Corinne Lamb, and the Estate of W.H. Becker, Deceased, Co-Partners Doing Business As Magnolia Lumber Sales Company, Respondents and Cross Appellants.

Supreme Court of Oregon, In Banc.

Decided July 3, 1968.

Attorney(s) appearing for the Case

Frank A. Bauman, Portland, argued the cause for appellant and cross respondent. With him on the briefs were Stanley C. Jones, Jr., and Jones and Reeder, Medford, Donald H. Pearlman and Keane, Haessler, Bauman & Harper, Portland, and Alister McAlister, San Jose, Cal.

A. Allan Franzke, Portland, argued the cause for respondents and cross appellants. With him on the briefs were Ridgway K. Foley, Jr., Thomas M. Triplett, and Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE, and HOLMAN, JJ.

GOODWIN, Justice.

Plaintiff in this action for breach of contract recovered a judgment for $1,740,000, but appeals from the several concurrent judgments against plaintiff which allowed interest upon certain counterclaims. The defendants also appeal.

This is another stage in litigation that has been proceeding for several years between Lithia Lumber Company, Inc., a lumber manufacturing corporation, on the one side, and R. Drew Lamb and Zelma C. Lamb, husband...

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