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BENEDICT v. BRESHEARS

446 P.2d 127 (1968)

Byron J. BENEDICT and Lucy F. Benedict, Husband and Wife, Respondents, v. Claude F. BRESHEARS, Jr., Appellant.

Supreme Court of Oregon, Department 1.

Decided October 23, 1968.

Attorney(s) appearing for the Case

Richard A. Seideman, Salem, argued the cause for appellant. With him on the briefs were Crawford, Garrett & Webb, Salem.

John A. Bryan, Salem, argued the cause for respondents. With him on the brief were DeArmond, Sherman & Barber, Salem.

Before PERRY, C.J., and O'CONNELL, DENECKE, LUSK and MENGLER, JJ.

DENECKE, Justice.

The plaintiffs borrowed money from the Clarks, evidenced by a note. Subsequently, the defendant assumed such obligation and agreed to pay the balance in installments as provided in the note. The Clarks subsequently contended that the payments were in default and brought an action against the plaintiffs. Although the plaintiffs contested the Clark's claim, judgment was entered for the Clarks and against the plaintiffs for the balance owing on the...

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