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EILERTSEN v. WEBER ET AL.

198 Or. 1 (1953)

255 P.2d 150

EILERTSEN v. WEBER ET AL.

Supreme Court of Oregon.

Affirmed April 8, 1953.

Attorney(s) appearing for the Case

Richard Bryson, of Eugene, argued the cause for appellants. On the brief were Bryson & Bryson, of Eugene.

John P. Ronchetto, of Portland, argued the cause for respondent. With him on the brief were Thomas R. Mahoney, of Portland, and Herman P. Hendershott, of Eugene.

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

AFFIRMED.

PERRY, J.

This is an action at law to recover in quantum meruit for work and labor performed. The plaintiff prevailed and the defendants appeal.

The defendants assign as error the trial court's refusal to grant their motion for a directed verdict, their contention being that the oral promise of the defendant Vernon F. Weber to pay the sum recovered is a promise to answer for the debt, default or miscarriage...

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