FRIEL v. LEWIS


197 Or. 440 (1953)

253 P.2d 647

FRIEL v. LEWIS and LEWIS

Supreme Court of Oregon.

Affirmed February 26, 1953.


Attorney(s) appearing for the Case

Hugh B. Collins, of Medford, argued the cause and filed a brief for appellants.

Edward C. Kelly, of Medford, argued the cause and filed a brief for respondent.

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


AFFIRMED.

LUSK, J.

Plaintiff recovered a judgment for $500.00 based upon the verdict of the jury in an action for money had and received. Defendants have appealed, assigning nine errors, the first two of which were expressly waived.

1. The third assignment of error is that the court erred in denying defendants' motion for a directed verdict. In making this assignment counsel for defendants has ignored Rule 13, 3a, of the rules of this court, which...

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