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TUPPER v. AMORT

222 Or. 33 (1960)

350 P.2d 904

TUPPER v. AMORT

Supreme Court of Oregon.

Affirmed April 6, 1960.

Petition for rehearing denied May 18, 1960.

Attorney(s) appearing for the Case

John E. Walker, Portland, argued the cause for the appellant. With him on the briefs were William C. Beers and Carl D. Etling, Portland.

Henry L. Bauer, Portland, argued the cause for the respondent. On the brief were William J. Crawford, Burns, and Bauer & Bauer, Portland.

John E. Walker and Carl D. Etling, Portland, for the petition.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

AFFIRMED.

SLOAN, J.

In this action plaintiff seeks the recovery of the same money this court refused to allow on a counterclaim in the case of Amort v. Tupper (1955) 204 Or. 279, 282 P.2d 660. We will refer to that case as the former suit. The facts which give rise to the present case are the same as set forth in the opinion in the former suit. The trial court denied plaintiff recovery...

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