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JOHNSON v. LEWIS

239 Or. 601 (1965)

398 P.2d 744

JOHNSON v. LEWIS ET AL

Supreme Court of Oregon.

Affirmed as modified January 29, 1965.

Petition for rehearing denied February 23, 1965.

Attorney(s) appearing for the Case

Gene L. Brown, Grants Pass, argued the cause for appellants. With him on the briefs was R. Gene Smith, Grants Pass.

Gordon G. Carlson, Roseburg, argued the cause for respondent. On the brief were Yates, Murphy & Carlson, Roseburg.

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

AFFIRMED AS MODIFIED.

GOODWIN, J.

This case was tried as a suit for specific performance and for an accounting of money due under a timber-cutting contract. The defendants appeal from a decree for the plaintiff in the amount of $38,291.84 with costs and interest.

For the purposes of this appeal we will treat the case as a suit in equity, although our examination of the record supports the view that it should have been tried as an action. The timber...

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