ROBERT IRVING TIMBER CORP. v. DOTY


213 Or. 514 (1958)

326 P.2d 444

ROBERT IRVING TIMBER CORP. v. DOTY

Supreme Court of Oregon.

Reversed and remanded June 4, 1958.


Attorney(s) appearing for the Case

W.T. Hollen, Newport, argued the cause for appellant. With him on the brief was A.R. McMullen, Newport.

Harry G. Hoy, Oceanlake, argued the cause and filed a brief for respondents.

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


REVERSED WITH DIRECTIONS.

SLOAN, J.

This is an action for money had and received. The lower court sustained a demurrer to plaintiff's second amended complaint. The plaintiff elected not to plead further and judgment was entered for the defendant. Plaintiff appeals and assigns as error the ruling of the court in sustaining the demurrer.

The complaint, in substance, alleges the corporate capacity of the plaintiff and the identity of the defendants. The...

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