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SIZEMORE, ADM'R v. MILLER

196 Or. 89 (1952)

247 P.2d 224

SIZEMORE, AS ADM'R v. ARMINTHA MILLER AND EUGENE MILLER

Supreme Court of Oregon.

Reversed and remanded August 13, 1952.

Petition for rehearing denied September 9, 1952.

Attorney(s) appearing for the Case

Pat H. Donegan, of Burns, argued the cause for appellant. With him on the briefs was C.B. McConnell, of Burns.

Anthony Yturri, of Ontario, argued the cause and filed a brief for respondents.

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

REVERSED AND REMANDED.

LATOURETTE, J.

Otus Sizemore, as administrator with the will annexed of the estate of Tice Shull, deceased, brought the present suit to set aside an alleged contract for the sale of Shull's land to defendants, Miller and husband, and an alleged partnership agreement between them involving Shull's cattle, on the grounds of mental incompetency on Shull's part, fraud, undue influence and failure of consideration. The trial court found for...

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