MORROW v. BAKER


439 P.2d 10 (1968)

Henry I. MORROW, Appellant, v. Robert L. BAKER and Elizabeth Baker, Respondents.

Supreme Court of Oregon, Department 1.

Decided March 27, 1968.


Attorney(s) appearing for the Case

Norman K. Winslow, Salem, argued the cause for appellant. With him on the briefs was Daniel A. Ritter, Salem.

Charles H.S. Howe, Salem, argued the cause for respondents. With him on the brief were McKinney & Churchill, Salem.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and LANGTRY, JJ.


PER CURIAM.

Plaintiff brought an action against defendants on a promissory note. Defendants counterclaimed. The adjustment of the rights of the parties necessitated an accounting and, although the parties did not formally stipulate that the case was to be treated as a suit for an accounting, it was so tried by them and we shall so regard it. Plaintiff appeals from a decree which cancelled the promissory note and directed the entry of a judgment for $2,077 with interest...

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