DENLINGER v. HUTCHINSON

No. 78-544-L-3; CA 15250.

613 P.2d 76 (1980)

46 Or.App. 725

Jake DENLINGER and Jack Klasnik, Respondents, v. James HUTCHINSON, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted June 16, 1980.

Decided June 23, 1980.


Attorney(s) appearing for the Case

Thomas C. Howser, Ashland, argued the cause for appellant. With him on the briefs were Gregory A. Parker and Cottle, Howser & Cue, Ashland.

James Christian Sims, Ashland, argued the cause and filed the brief for respondents.


Resubmitted In Banc June 16, 1980.

BUTTLER, Judge.

Plaintiffs obtained a judgment against defendant in this contract action after a jury trial; defendant appeals on the sole ground that the trial court erred in denying his motion for a directed verdict. He contends that because plaintiffs alleged that they were doing business under an assumed business name they were precluded by ORS 648.0901 from maintaining this action unless...

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