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FLEMING v. WINEBERG

455 P.2d 600 (1969)

M.C. FLEMING and Dorothy J. Fleming, Husband and Wife, Respondents, v. William J. WINEBERG, Appellant.

Supreme Court of Oregon, Department 2.

Decided June 11, 1969.

Attorney(s) appearing for the Case

Bruce W. Williams, Salem, argued the cause for appellant. With him on the Williams, Skopil, Miller & Beck, Salem.

Lloyd V. Weiser, Portland, argued the cause for respondents. With him on the brief were Weiser, Bowles & Young, Portland, and Paul Reeder, Hillsboro.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN, and HAMMOND,

GOODWIN, Justice.

The unpaid sellers of 95 head of registered Guernsey cattle brought a suit in equity to compel an assignee of the buyer's interest in the cattle to pay for them. The assignee appeals a decree requiring payment.

The cattle were sold under a conditional-sale contract. The buyer by assignment subsequently surrendered the cattle to the defendant, and by the time of this suit was no longer a lucrative defendant. The cattle could have been repossessed...

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