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MACK TRUCKS, INC. v. TAYLOR

227 Or. 376 (1961)

362 P.2d 364

MACK TRUCKS, INCORPORATED v. TAYLOR

Supreme Court of Oregon.

Reargued April 14, 1961.

Reversed and remanded May 31, 1961.

Attorney(s) appearing for the Case

Charles S. Crookham, Portland, argued the cause for appellant. With him on the brief were Vergeer & Samuels, Portland.

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

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

REVERSED AND REMANDED.

O'CONNELL, J.

This is an action of replevin brought in Linn county to recover the possession of four trucks pursuant to the forfeiture and repossession provision of a purchase money chattel mortgage executed by defendant mortgagor in favor of plaintiff's assignor, the seller-mortgagee. The execution and default of each mortgage was set out in a separate count. In each count plaintiff demanded...

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