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BUSCHKE v. DYCK

197 Or. 144 (1952)

251 P.2d 873

BUSCHKE v. DYCK

Supreme Court of Oregon.

Reversed with instructions December 19, 1952.

Petition for rehearing denied January 14, 1953.

Attorney(s) appearing for the Case

E.B. Sahlstrom, of Eugene, argued the cause and filed a brief for appellant.

Donald C. Walker argued the cause for respondent. On the brief were Phelps, Burdick & Walker, of Portland.

Before BRAND, Chief Justice, and ROSSMAN, LATOURETTE and WARNER, Justices.

REVERSED WITH INSTRUCTIONS.

LATOURETTE, J.

This is an appeal from a decree dismissing plaintiff's complaint wherein he sought a partnership accounting. The sole question to be decided is whether or not a partnership existed between plaintiff and defendant, it being plaintiff's theory that the parties associated themselves as partners for the operation of logging equipment whereby the plaintiff was to provide skill and actual labor in the operation of said...

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