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McCORMICK ET AL. v. WILLIAMS, JR.

199 Or. 66 (1953)

255 P.2d 1071

McCORMICK ET AL. v. WILLIAMS, JR.

Supreme Court of Oregon.

Reversed April 15, 1953.

Petition for rehearing denied August 12, 1953.

Attorney(s) appearing for the Case

Philip A. Levin, of Portland, argued the cause for appellant. With him on the brief were Coan, Rosenberg & Swire, of Portland.

William E. Dougherty, of Portland, argued the cause for respondents. With him on the brief were Robin D. Day, of Salem, and Maguire, Shields, Morrison & Bailey, of Portland.

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

REVERSED.

LUSK, J.

Plaintiffs brought this action to recover the purchase price of 21 bales of hops alleged to have been sold by them and delivered to and accepted by the defendant. A jury trial resulted in a judgment for the plaintiffs in the amount prayed for, $3,477.40, from which this appeal is taken.

The plaintiffs, father and son, operate a hop farm near Woodburn, Marion County, Oregon. The defendant, Ralph E. Williams, Jr., doing business under...

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