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AMATO v. FULLINGTON ET UX

213 Or. 71 (1958)

322 P.2d 309

AMATO v. FULLINGTON ET UX

Supreme Court of Oregon.

Reversed and suit dismissed February 28, 1958.

Attorney(s) appearing for the Case

D.W. McEwen, Portland, argued the cause for appellants. On the briefs were Cake, Jaureguy & Hardy, Portland.

Virgil Colombo argued the cause for respondent. On the brief were Fertig & Colombo, Portland.

Before LUSK, Presiding Justice, and WARNER and KESTER, Justices.

REVERSED.

LUSK, J.

This is a suit to cancel a note and mortgage in which the court entered a decree for the plaintiff, and the defendants have appealed.

The plaintiff, Calogero S. Amato, alleged in his complaint that his signature to the instruments under attack was "procured by fraud and deceit and no consideration of any kind or character ever passed from these defendants to plaintiff." It is not alleged in...

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