MILLER v. WHITAKER


224 Or. 205 (1960)

355 P.2d 768

MILLER v. WHITAKER

Supreme Court of Oregon.

Affirmed October 5, 1960.


Attorney(s) appearing for the Case

Kenneth A. Poole, Eugene, argued the cause for the appellant. With him on the briefs was Donald F. Bach, Eugene.

Edward C. Harms, Jr., Springfield, argued the cause for the respondent. With him on the brief were Dale E. Helikson, Oakridge, and Robert B. Carmichael, Springfield.

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


AFFIRMED.

SLOAN, J.

Plaintiff brought this action to recover the unpaid purchase price due on a conditional sales contract for the sale of a tavern situate in Bremerton, Washington. The contract was executed at Bremerton. Plaintiff was the assignor of the original seller and defendant was the buyer. Defendant did not deny the debt, but claimed that by the terms of the contract plaintiff's only remedy was to retake possession of the property sold by the contract...

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