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DIXON ET UX v. SCHOONOVER ET UX

226 Or. 443 (1961)

359 P.2d 115

360 P.2d 274

DIXON ET UX v. SCHOONOVER ET UX

Supreme Court of Oregon.

Affirmed February 8, 1961.

March 15, 1961.

Petition for rehearing denied March 21, 1961.

Attorney(s) appearing for the Case

Norman K. Winslow, Salem, argued the cause and filed briefs for the appellants.

Carrell F. Bradley, Hillsboro, argued the cause for the respondents. On the brief was Bush & Bradley, Hillsboro.

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

Defendants' objections to cost bill allowed March 15, 1961.

AFFIRMED.

HOWELL, J. (Pro Tempore)

Plaintiffs brought an action for breach of contract against defendants who filed a counterclaim alleging fraud. The jury returned a verdict for the defendants on the counterclaim. The trial court granted plaintiffs' motion for judgment n.o.v. and denied their motion for a new trial. Both parties appeal.

In October 1954, plaintiffs were buying a dairy...

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