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FRANKLIN v. WESTERN PAC. INS. CO.

243 Or. 448 (1966)

414 P.2d 343

FRANKLIN ET AL v. WESTERN PACIFIC INSURANCE COMPANY ET AL

Supreme Court of Oregon.

Reversed and remanded May 18, 1966.

Attorney(s) appearing for the Case

Robert W. Garver, Camas, Washington, argued the cause for appellants. With him on the brief were Garver & Garver, Camas, Washington, and Mitchell Crew, Portland.

Raymond J. Conboy, Portland, argued the cause for respondents Sam Gillette and Abbott W. Lawrence, dba Gillette-Lawrence Agency. With him on the brief were Hollister & Thomas and Robert H. Hollister, Portland.

Duane Vergeer, Portland, argued the cause for respondent Western Pacific Insurance Company. On the brief were Vergeer & Samuels and Walter H. Sweek, Portland.

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

REVERSED AND REMANDED.

DENECKE, J.

The trial court sustained one defendant's demurrer to plaintiffs' complaint and granted the other defendant's motion for judgment on the pleadings; therefore, the nature of this proceeding and the facts must be found from the pleadings.

Plaintiffs' complaint reasonably can be construed as alleging as follows: The Agency agreed to write $10,000 fire insurance coverage upon...

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