SCHMIDT ET UX. v. FITZSIMMONS ET UX.


190 Or. 415 (1951)

226 P.2d 306

SCHMIDT ET UX. v. FITZSIMMONS ET UX.

Supreme Court of Oregon.

Affirmed January 10, 1951.


Attorney(s) appearing for the Case

John H. Carson, of Salem, argued the cause for appellants. With him on the briefs was W. Douglas Harris, of Mt. Angel.

W.C. Winslow, of Salem, argued the cause for respondents. With him on the brief was Norman K. Winslow, of Salem.

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


AFFIRMED.

WARNER, J.

This is a suit for a declaratory judgment determining whether the vendors or the vendees shall sustain the loss of escrowed funds embezzled by the escrow agent with whom they were deposited. The Schmidts, as plaintiffs, appeal from a decree dismissing their complaint and entering a decree in accordance with the prayer of the answer of the Fitzsimmonses, as defendants.

The case at bar has its origin in the sale of a parcel of farm...

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