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BENSON ET AL v. STENGER

216 Or. 318 (1959)

337 P.2d 338

BENSON ET AL v. STENGER

Supreme Court of Oregon.

Reargued February 4, 1959.

Affirmed April 4, 1959.

Petition for rehearing denied May 13, 1959.

Attorney(s) appearing for the Case

Clifford E. Nelson argued the cause for appellants. On the brief were Phelps, Burdick & Nelson, Portland.

Herbert B. Galton argued the cause for respondent. On the brief were Black, Kendall & Fain, and Edward L. Fitzgibbon, all of Portland.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the two plaintiffs who are partners and who do business under the name of Tom Benson Glass Co. from a judgment which the circuit court entered in favor of the defendant upon his motion for a directed verdict.

The plaintiffs present four assignments of error but stress only the first two. The first reads:

"The Court on examination of witness Paul B. Landry erred in sustaining objections to the following...

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