REIF v. BOTZ


241 Or. 489 (1965)

406 P.2d 907

REIF v. BOTZ

Supreme Court of Oregon.

Affirmed October 20, 1965.


Attorney(s) appearing for the Case

Robert A. Leedy, Portland, argued the cause for appellant. With him on the brief were Barzee, Leedy & Tassock, Portland.

Maurice Engelgau, Coquille, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, DENECKE, LUSK and SCHWAB, Justices.


AFFIRMED.

SCHWAB, J. (Pro Tempore)

The plaintiff, as administratrix of the estate of Edward C. Botz, deceased, sought to recover from the defendant, John Botz, nephew of the deceased, $3,100 which she contended Edward had loaned to John. The trial court found in favor of the defendant, who admitted receipt of the money but claimed that it was a gift rather than a loan. The case was tried in the circuit court without intervention of a jury and on this appeal...

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