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ARNOLD MACHINERY CO. v. CSL BUILDING CORP.

CC83-73; CA A35738.

733 P.2d 115 (1987)

84 Or.App. 132

ARNOLD MACHINERY COMPANY, a Utah Corporation, Dba General Implement Distributors, Appellant, v. CSL BUILDING CORPORATION, Dba Com-Trac, Defendant, John H. Skirving, Respondent.

Court of Appeals of Oregon.

Decided February 25, 1987.

Attorney(s) appearing for the Case

J.R. Perkins, III, The Dalles, argued the cause and filed the brief for appellant.

Thomas C. Peachey, The Dalles, argued the cause for respondent. With him on the brief was Lewis, Foster & Peachey, The Dalles.

Before BUTTLER, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Plaintiff brought this action against defendant Skirving1 as the guarantor of certain debts owed to plaintiff. The trial court directed a verdict in plaintiff's favor but limited the interest payable on the debts to 12 percent. The parties agree that the basis for the limitation was that the higher rate defined in the instruments on which the debts were based was usurious. Plaintiff appeals, contending, first, that the court...

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