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OREGON ORCHARDS v. INS. CO. OF N.A.

239 Or. 192 (1964)

397 P.2d 75

OREGON ORCHARDS, INC. v. INSURANCE COMPANY OF NORTH AMERICA

Supreme Court of Oregon.

Affirmed December 3, 1964.

Attorney(s) appearing for the Case

E.R. Bashaw, Medford, argued the cause for appellant. With him on the briefs were Jones & Reeder, Medford.

William V. Deatherage and Philip B. Lowry, Medford, argued the cause for respondent. On the brief were Frohnmayer, Lowry & Deatherage, Medford.

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

AFFIRMED.

SLOAN, J.

This was an action to recover on a hail insurance policy. Defendant admitted that hail damage had occurred to plaintiff's pear crop but denied plaintiff's proof of loss as to the amount of the damage. Plaintiff was awarded a verdict and judgment. Defendant appeals.

There are 30 assignments of error. Most of them, however, are based upon the single contention that plaintiff did not use the...

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