WAGNER v. RAINIER MFG. CO.


230 Or. 531 (1962)

371 P.2d 274

WAGNER v. RAINIER MANUFACTURING CO.

Supreme Court of Oregon.

Reversed May 2, 1962.


Attorney(s) appearing for the Case

Thomas H. Tongue, Portland, argued the cause for appellant. With him on the briefs were Parker & Duffy.

Malcolm F. Marsh, Salem, argued the cause for respondent. On the brief were Goodenough, Clark & Marsh.

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


REVERSED.

LUSK, J.

This is an appeal from a judgment for the plaintiff after a jury trial in an action to recover damages for breach of contract.

The principal question, and the only one that needs to be decided, arises out of the court's denial of the defendant's motion for a directed verdict based upon the ground that the contract sued upon was never entered into by the parties.

The plaintiff, H.J. Wagner, is a contract logger. The defendant...

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