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TWEEDLE BROS., INC. v. BERLINER

226 Or. 509 (1961)

360 P.2d 557

TWEEDLE BROTHERS, INC. v. BERLINER

Supreme Court of Oregon.

Affirmed March 29, 1961.

Attorney(s) appearing for the Case

Carlton R. Reiter, Portland, argued the cause for appellant. On the brief were Reiter, Day & Anderson, Portland.

William K. Shepherd, Portland, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY and GOODWIN, Justices.

AFFIRMED.

PERRY, J.

The plaintiff brought this action against the defendant to recover damages alleged to have arisen out of breach of contract. Upon trial of the issues presented, the jury returned a verdict for the defendant. The plaintiff filed a motion for a new trial which was granted and the defendant has appealed.

The plaintiff is engaged in the business of wholesaling "special use" lumber. The defendant owned and operated the Marx Fabricating...

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