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RAY v. RICKETTS

235 Or. 243 (1963)

383 P.2d 52

RAY ET UX v. RICKETTS and RAY ET UX v. WILSON ET UX

Supreme Court of Oregon.

Affirmed June 19, 1963.

Petition for rehearing denied August 2, 1963.

Attorney(s) appearing for the Case

Thomas H. Tongue, Portland, argued the cause for appellants. With him on the briefs were Roy Kilpatrick, Canyon City, and Charles S. Crookham, Portland.

Gene B. Conklin, Pendleton, argued the cause for respondent Ricketts. With him on the brief were Yokom & Campbell, John Day.

R. Thomas Gooding and S.H. Burleigh, La Grande, argued the cause for respondents Wilson. On the brief were Burleigh, Carey & Gooding, La Grande.

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

AFFIRMED.

GOODWIN, J.

Plaintiff, the transferee of certain demand notes, brought action against the defendants upon their indorsements. The trial court granted the defendants the equitable relief of reformation, and ordered the indorsements to be reformed so as to read "without recourse". Upon such reformation, the action evaporated. Plaintiff appeals.

1. The controlling question is whether the trial court...

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