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FABRE v. HALVORSON

441 P.2d 640 (1968)

Harold A. FABRE, Executor of the Estate of Harvey A. Brown, Deceased, Appellant, v. Kenneth HALVORSON and Ruby Halvorson, Respondents.

Supreme Court of Oregon, In Banc.

Decided May 31, 1968.

Attorney(s) appearing for the Case

Leeroy O. Ehlers, Pendleton, argued the cause for appellant. On the brief were Fabre, Collins & Ehlers, Pendleton.

Charles R. Cater, La Grande, argued the cause and filed a brief for respondents.

Before PERRY, C.J., and McALLISTER, O'CONNELL, GOODWIN, DENECKE, HOLMAN and LUSK, JJ.

Argued and Submitted at Pendleton May 6, 1968.

GOODWIN, Justice.

An executor brought action to recover money lent by the decedent to certain relatives. The trial court sitting without a jury found that the money had been borrowed with the understanding that if the lender should die before the money was repaid the debt would be discharged. Judgment was entered for the defendants, and the executor appeals.

Since the court heard conflicting evidence concerning...

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