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DUTTON v. DONALD M. DRAKE CO.

237 Or. 419 (1964)

391 P.2d 761

DUTTON v. DONALD M. DRAKE COMPANY ET AL

Supreme Court of Oregon.

Affirmed April 29, 1964.

Attorney(s) appearing for the Case

Thomas H. Tongue, Portland, argued the cause for appellant. With him on the brief were Hicks, Davis, Tongue & Dale, William M. Dale, Jr., and Charles J. Strader, Portland.

Lamar Tooze, Portland, argued the cause for respondent Donald M. Drake Company.

Edwin J. Peterson, Portland, argued the cause for respondent Marus Marble & Tile Co., Inc. With them on the brief were Tooze, Powers, Kerr, Tooze & Morrell and James Arthur Powers, Portland.

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

AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff Harry J. Dutton, and a cross appeal by the defendants-respondents Donald M. Drake Company and Marus Marble & Tile Co., Inc., from a judgment notwithstanding the verdict which the circuit court entered in favor of the two defendants upon their motions. The verdict was in favor of the plaintiff in the sum of $48,000 damages. We shall have no occasion to consider...

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