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FOUCHEK ET AL. v. JANICEK

190 Or. 251 (1950)

225 P.2d 783

FOUCHEK ET AL. v. JANICEK

Supreme Court of Oregon.

Reversed and remanded December 19, 1950.

Attorney(s) appearing for the Case

Frank J. Healy and Charles H. Heltzel, of Salem, argued the cause and filed briefs for appellants.

Bruce Spaulding and George A. Rhoten, of Salem, argued the cause for respondent. With Bruce Spaulding on the brief were Rhoten & Rhoten, of Salem.

Before BRAND, Acting Chief Justice, and BAILEY, HAY, LATOURETTE and WARNER, Justices.

REVERSED and REMANDED.

WARNER, J.

This is a suit to establish a constructive trust in the hands of defendant and compel him to account for the profits arising therefrom.

Stephen J. Fouchek and Harry L. McBurnett, plaintiffs and appellants, allege that in 1946, they were copartners with Duane J. Janicek, defendant and respondent, doing business under the assumed firm name of Salem General Jobbing Company (hereinafter...

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