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ROGUE RIVER MANAGEMENT CO. v. SHAW

243 Or. 54 (1966)

411 P.2d 440

ROGUE RIVER MANAGEMENT COMPANY v. SHAW

Supreme Court of Oregon.

Affirmed February 24, 1966.

Attorney(s) appearing for the Case

W.W. Balderree, Grants Pass, argued the cause for appellant. On the briefs were Balderree & Calvert, Grants Pass.

D.F. Myrick, Grants Pass, argued the cause for respondent. On the brief were Coulter & Myrick, Grants Pass.

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

AFFIRMED.

SCHWAB, J. (Pro Tempore).

Plaintiff brought an action seeking to recover the price of concrete aggregate sold and delivered to the defendant. Defendant's answer contained an affirmative pleading which the trial judge submitted to the jury as a claim for recoupment. On the issue of right of recoupment the jury found for the defendant in the full amount submitted to the jury and reduced the amount of judgment...

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