KELLEY ET UX. v. MALLORY ET UX.


202 Or. 690 (1954)

277 P.2d 767

KELLEY ET UX. v. MALLORY ET UX.

Supreme Court of Oregon.

Affirmed December 15, 1954.


Attorney(s) appearing for the Case

John F. Conway, Portland, argued the cause and filed briefs for appellants.

James P. Powers, Portland, and George G. Van Natta, St. Helens, argued the cause for respondents. With them on the briefs were Joseph & Powers and D.C. Bond, Portland.

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


AFFIRMED.

WARNER, J.

This is a suit for an accounting. From a decree dismissing the plaintiffs' complaint with prejudice, they appeal.

On April 2, 1948, the respondents as the first parties and the appellants as the second parties entered into an agreement (hereinafter referred to as "the agreement"), the pertinent parts of which read as follows:

"That the said parties of the first part own and operate a Sales and Service of automobiles, trucks...

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