PRIGGE v. CARMICHAEL


235 Or. 112 (1963)

384 P.2d 146

PRIGGE ET UX v. CARMICHAEL ET AL

Supreme Court of Oregon.

Affirmed July 24, 1963.


Attorney(s) appearing for the Case

Al J. Laue, Salem, argued the cause for appellants. With him on the brief were Williams & Skopil, Salem.

Myron L. Enfield, Salem, argued the cause for respondents. With him on the brief were Rhoten, Rhoten & Speerstra, Salem.

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


AFFIRMED.

ROSSMAN, J.

1, 2. This is an appeal by the defendants from a judgment of the circuit court which is based upon findings of fact and conclusions of law. Since the challenged judgment arose out of an action at law, all ancillary facts are binding upon us and cannot be retried if they are supported by substantial evidence. The action sought judgment for the balance unpaid upon a promissory note in the denomination of $21,673.21 which the defendants...

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