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BUNTING TRACTOR CO. v. ROY L. HOUCK SONS' CORP.

454 P.2d 651 (1969)

BUNTING TRACTOR CO., Inc., a Corporation, Appellant, v. ROY L. HOUCK SONS' CORPORATION, an Oregon Corporation, Respondent.

Supreme Court of Oregon, Department 1.

Decided May 16, 1969.

Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause for appellant. With him on the briefs was A.J. Johnson, Portland.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were McColloch, Dezendorf & Spears and Wayne Hilliard, Portland.

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

DENECKE, Justice.

The plaintiff, Bunting, rented earth moving equipment to the defendant, Houck, a road construction contractor. Bunting brought this action alleging a breach of the rental contract. Houck counterclaimed alleging that Bunting breached the contract. The trial court sitting without a jury, found against Bunting and awarded Houck $81,000 on its counterclaim. Bunting appeals.

The written rental agreement...

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