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JARVY v. MOWREY

235 Or. 579 (1963)

385 P.2d 336

JARVY v. MOWREY

Supreme Court of Oregon.

Affirmed September 25, 1963.

Petition for rehearing denied November 5, 1963.

Attorney(s) appearing for the Case

Joseph D. St. Martin, Portland, argued the cause for appellant. With him on the briefs was G.A. Heikkila, Portland.

George G. Van Natta, St. Helens, argued the cause for respondent. With him on the brief was John L. Foote, St. Helens.

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

AFFIRMED.

GOODWIN, J.

This is an action for work and labor. Plaintiff received a verdict for $7,000 which was set aside. He appeals from the judgment entered for the defendant n.o.v.

The plaintiff, Jarvy, is the personal representative of Daisy Randall, deceased. Mowrey is the personal representative of Guy Lillich, deceased. Lillich and Randall were brother and sister. It has been established in a prior case that Randall, without any express promise...

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