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SCHIEMAN ET AL v. STANLEY

214 Or. 428 (1958)

330 P.2d 353

SCHIEMAN ET AL v. STANLEY

Supreme Court of Oregon.

Affirmed October 15, 1958.

Attorney(s) appearing for the Case

Dale Crabtree, Stayton, and Peery T. Buren, Salem, argued the cause and filed a brief for appellant.

Lawrence N. Brown, Salem, argued the cause for respondents. With him on the brief was J. William Stortz, Salem.

Before PERRY, Chief Justice, and ROSSMAN, WARNER and McALLISTER, Justices.

AFFIRMED.

PERRY, C.J.

This is an action for money had and received. The plaintiff prevailed in the trial court and the defendant appeals.

The facts are as follows: Defendant was the owner of land and entered into a contract to sell and deliver the carrots raised on his land to a cannery. He subsequently leased his land to his son and the son assumed the father's contractual obligations with the cannery. The...

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