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UNION BOND v. M & M WOOD WORKING

242 Or. 451 (1966)

410 P.2d 224

UNION BOND AND TRUST COMPANY ET AL v. M AND M WOOD WORKING COMPANY ET AL

Supreme Court of Oregon.

Reversed and remanded January 26, 1966.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellants. With him on the briefs were James C. Dezendorf, Marshall C. Cheney, Jr., George L. Kirklin, and McColloch, Dezendorf & Spears, Portland.

Robert L. Sabin, Portland, and Richard K. Bush, Seattle, Washington, argued the cause for respondents. With them on the brief were Roger L. Meyer, Jack B. Schwartz, and Sabin, Dafoe & Newcomb, Portland, and Richard J. Howard and Ryan, Askren, Carlson, Bush & Swanson, Seattle, Washington.

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

REVERSED AND REMANDED.

GOODWIN, J.

Union Bond and Trust Company, claiming to be the assignee of rights to purchase certain timber under a contract, brought this suit for specific performance and other relief. M and M Wood Working Company, as defendant, challenged the complaint by a general demurrer. The suit was dismissed, and Union Bond appeals.

Other parties have been named plaintiff and defendant, but for the purposes of considering the demurrer...

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