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BONNEVILLE EQUIPMENT CO., INC. v. TUTTLE

246 Or. 153 (1967)

424 P.2d 231

BONNEVILLE EQUIPMENT CO., INC., Appellant, v. TUTTLE, Respondent.

Supreme Court of Oregon.

Affirmed March 1, 1967.

Attorney(s) appearing for the Case

Dan Wolke, Canyon City, argued the cause for appellant. With him on the briefs were Roy Kilpatrick, Canyon City, and Stanley C. Urbigkeit, Oregon City.

Thomas M. Mosgrove, Pendleton, argued the cause for respondent. On the brief were Mosgrove, Walton & Yokom, Pendleton.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, DENECKE and HOLMAN, Justices.

AFFIRMED.

DENECKE, J.

The principal issue on appeal is the application of that part of the statute of frauds concerning an agreement to answer for the debt of another. ORS 41.580. The issue is raised by the trial court's instructions and its failure to give a requested instruction.

In August, 1964, plaintiff Bonneville Equipment Co., Inc., sold a log truck and loader on a conditional sales contract to one McKinley. In September, 1964, McKinley delivered...

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