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BRANDTJEN & KLUGE v. BIGGS

205 Or. 473 (1955)

288 P.2d 1025

BRANDTJEN & KLUGE, INC. v. BIGGS

Supreme Court of Oregon.

Reversed October 26, 1955.

Petition for rehearing denied November 9, 1955.

Attorney(s) appearing for the Case

John C. Beatty, Jr., argued the cause for appellant. With him on the brief were Dusenbery, Teiser, Martin & Schwab, all of Portland.

George H. Corey argued the cause for respondent. With him on the brief were Proebstel & Isaminger, all of Pendleton.

Before WARNER, Chief Justice, and TOOZE, ROSSMAN and LUSK, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the plaintiff from a judgment of the circuit court, which was entered in favor of the defendant after the court had sustained the defendant's motion for an involuntary nonsuit and had granted a recovery against the plaintiff in the sum of $50 upon the defendant's counterclaim.

The transaction out of which the challenged judgment arose was evidenced by a written contract for the sale by the plaintiff, and the...

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