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FINCHUM v. LYONS

247 Or. 255 (1967)

428 P.2d 890

FINCHUM, Respondent, v. LYONS, Defendant, FIOROVICH, Appellant.

Supreme Court of Oregon.

Reversed and remanded for new trial June 14, 1967.

Attorney(s) appearing for the Case

Robert D. Puckett, Klamath Falls, argued the cause for appellant. On the briefs were Proctor, Puckett & Crane, Klamath Falls.

J. Anthony Giacomini, Klamath Falls, argued the cause for respondent. With him on the brief was Stanley C. Jones, Jr., Klamath Falls.

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

REVERSED AND REMANDED.

McALLISTER, J.

This is an action to recover the price of seed potatoes grown by plaintiff Finchum for defendant Fiorovich. The defendant Lyons was granted a nonsuit, and the jury found against Fiorovich, who will be referred to herein as the sole defendant. Fiorovich appeals and complains of the instructions to the jury and the rejection of three exhibits offered by him.

The plaintiff...

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