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EMERICK CO. v. BOHNENKAMP & ASSOC.

242 Or. 253 (1965)

409 P.2d 332

PAUL B. EMERICK CO. v. WM. BOHNENKAMP AND ASSOCIATES, INC., ET AL

Supreme Court of Oregon.

Affirmed December 22, 1965.

Attorney(s) appearing for the Case

Carl G. Helm, La Grande, argued the cause and filed briefs for appellants.

Lloyd V. Weiser, Portland, argued the cause for respondent. On the brief were Weiser, Bowles & Young, Portland.

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

AFFIRMED.

SLOAN, J.

Plaintiff initiated this case to obtain a declaration that a mortgage given to it by defendant Wm. Bohnenkamp and Associates, Inc., was valid. The latter will be referred to as Bohnenkamp. Defendants Bohnenkamp and Larison, who was trustee in bankruptcy for Bohnenkamp, filed a cross-complaint alleging that plaintiff was indebted to the trustee. During the trial the court ruled the mortgage invalid. Thereafter the trial proceeded on the...

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