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OWEN ET UX v. MARIOTT

226 Or. 323 (1961)

359 P.2d 905

OWEN ET UX v. MARIOTT

Supreme Court of Oregon.

Affirmed March 1, 1961.

Attorney(s) appearing for the Case

Gordon A. Ramstead, Eugene, argued the cause for appellant. With him on the brief was Bruce R. Avrit, Eugene.

Thomas E. Brownhill, Eugene, argued the cause for respondents. With him on the brief were Riddlesbarger, Pederson, Brownhill & Ingerson, Eugene.

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

AFFIRMED.

SLOAN, J.

The trustee in bankruptcy has been substituted for defendant on this appeal. For purposes of convenience we will refer to defendant as though it were Simmons individually.

Plaintiffs as the owners and defendant as operator were parties to a timber cutting contract. The contract was executed in April 1957. It required defendant to remove all of the timber from land owned by plaintiffs before...

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