SCHALEK v. SALEM TITLE CO.


441 P.2d 80 (1968)

Martha A. SCHALEK, Appellant, v. SALEM TITLE CO., a Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 22, 1968.


Attorney(s) appearing for the Case

Norman K. Winslow, Salem, for petitioner.

No appearance contra.


Submitted on Appellant's Petition for Rehearing March 4, 1968.

Petition denied (no opinion).

DENECKE, Justice (dissenting).

The plaintiff has filed a petition for rehearing contending that our decision and opinion were in error in holding that the plaintiff waived her right to object to the trial court's trying the defendant's affirmative defense in equity without a jury. A majority of the court has voted to deny the petition. I am of the opinion that...

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