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MUSGRAVE ET UX. v. LUCAS ET UX.

193 Or. 401 (1951)

238 P.2d 780

MUSGRAVE ET UX. v. LUCAS ET UX.

Supreme Court of Oregon.

Reversed December 12, 1951.

Attorney(s) appearing for the Case

W.C. Winslow and Roy Harland, both of Salem, argued the cause and filed a brief for appellants.

Wallace P. Carson, of Salem, argued the cause for respondents. With him on the brief were Ralph E. Moody and Allan G. Carson, both of Salem.

Before BRAND, Chief Justice, and LUSK, LATOURETTE, WARNER and TOOZE, Justices.

REVERSED.

TOOZE, J.

This is an action for damages for alleged fraud, brought by Walter Musgrave and Evelyn L. Musgrave, as plaintiffs, against Edward J. Lucas and Caroline Lucas, as defendants. A demurrer and a motion to strike certain portions of the complaint were filed by defendants. Plaintiffs filed an amended complaint. Defendants moved to strike certain parts thereof. The motion was sustained in part, and the matters so stricken were obliterated. Defendants...

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