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PAYNE v. GRIFFIN

239 Or. 91 (1964)

396 P.2d 573

PAYNE v. GRIFFIN

Supreme Court of Oregon.

Reversed and remanded November 12, 1964.

Attorney(s) appearing for the Case

H.B. Johnson, Baker, argued the cause for appellant. On the briefs were Jackson & Johnson, Baker.

Harold M. Daron, Baker, argued the cause for respondent. On the brief were Grant, Fuchs, Rose & Daron, Baker.

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

REVERSED AND REMANDED.

GOODWIN, J.

This is an action to recover money alleged to be due upon an oral contract made by the defendant's testator. The merits of the action are not before us. The issue is the correctness of the trial court's ruling that the action could not be maintained.

The defendant demurred to the plaintiff's amended complaint. The court sustained the demurrer and entered judgment thereon. The plaintiff appeals that ruling.

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