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WEST PORTLAND DEVEL. CO. v. WARD COOK, INC.

246 Or. 67 (1967)

424 P.2d 212

WEST PORTLAND DEVELOPMENT CO., Appellant, v. WARD COOK, INC., Respondent.

Supreme Court of Oregon.

Affirmed February 23, 1967.

Attorney(s) appearing for the Case

Arthur H. Lewis, Portland, argued the cause and filed a brief for appellant.

Cleveland C. Cory, Portland, argued the cause for respondent. With him on the brief were Marvin S.W. Swire and Clarence R. Wicks, Portland.

Before SLOAN, Presiding Justice, and GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

AFFIRMED.

DENECKE, J.

The issue on appeal concerns the acceleration clauses in a note and trust deed. The debtor brought this action to recover an alleged illegal overpayment compelled by actionable duress.

Defendant Ward Cook, Inc. (Cook), lent plaintiff West Portland Development Co. (Development Co.) $500,000 to build an apartment. The obligation was evidenced by a note and secured by a trust deed running to the title company and for the benefit...

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