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PHILIPPI v. PACIFIC GRAINS, INC.

225 Or. 57 (1960)

356 P.2d 438

PHILIPPI v. PACIFIC GRAINS, INC.

Supreme Court of Oregon.

Reversed with instructions October 26, 1960.

Petition for rehearing denied November 28, 1960.

Attorney(s) appearing for the Case

Kenneth E. Roberts, Portland, argued the cause for appellant. With him on the briefs were James H. Bruce and Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Sam F. Speerstra, Salem, argued the cause for the respondent. With him on the brief were Bell & Gehlen, Stayton, and Rhoten, Rhoten & Speerstra, Salem.

Before McALLISTER, Chief Justice and WARNER, SLOAN, O'CONNELL and HOWELL, Justices.

REVERSED WITH INSTRUCTIONS.

SLOAN, J.

Plaintiff brought this action to recover the contract price for grass seed he delivered to defendant in the crop year of 1958. Defendant counterclaimed for damages defendant, a corporation, alleged it sustained when plaintiff failed to deliver the full amount of seed plaintiff had contracted to deliver. By reply, plaintiff prayed that the executed written contract between the parties be reformed to require no greater performance...

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