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POTTER v. RUTHERFORD, INC.

198 Or. 407 (1953)

257 P.2d 261

POTTER and HICKEY v. RUTHERFORD, Inc.

Supreme Court of Oregon.

Affirmed May 7, 1953.

Attorney(s) appearing for the Case

William S. Fort argued the cause for appellant. On the brief were Husband, Fort & Johnson, of Eugene.

Richard L. Thwing, of Cottage Grove, argued the cause and filed a brief for respondents.

Before WARNER, Acting Chief Justice, and ROSSMAN, LUSK, BRAND, TOOZE and PERRY, Justices.

AFFIRMED.

PERRY, J.

This is a suit to recover a money judgment for work and labor performed pursuant to an oral agreement between the parties, whereby the plaintiffs were to fell and buck all standing timber upon 182.4 acres of land to be cleared as a right of way for U.S. highway No. 58.

Plaintiffs by their petition claimed they were originally to be paid at the rate of $100 per acre for their services. However...

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