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PHILCO FINANCE CO. v. PATTON

248 Or. 310 (1967)

432 P.2d 686

PHILCO FINANCE CO., Respondent, v. PATTON ET AL, Appellants.

Supreme Court of Oregon.

Reversed October 18, 1967.

Petition for rehearing denied November 28, 1967.

Attorney(s) appearing for the Case

William M. Sloan, Grants Pass, argued the cause for appellants. On the briefs were Johnson, Telfer & Sloan, Grants Pass.

Floyd Hinton, Portland, argued the cause for respondent. On the brief were Deich, Deich & Hinton, Portland.

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

REVERSED.

O'CONNELL, J.

This is an action on a promissory note brought against the makers Patton and Maxwell and W.E. and Marion Schoenleber, who assumed and agreed to pay it. Defendants Patton and Maxwell appeal from a judgment for plaintiff.

Defendants Patton and Maxwell purchased dry cleaning equipment from Launderette Sales & Equipment Co. on a conditional sales contract for $28,500, of which $2,700 was paid down. They executed their promissory...

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