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SCHMIDT v. BOLLONS

460 P.2d 859 (1969)

Aubrey P. SCHMIDT and B.B. Beebe, Co-Partners, Doing Business As 11TH & Stark Co., Appellants, v. John BOLLONS and Carl Poss, Co-Partners, Doing Business As Bollons & Poss, and Title Insurance Company, a Corporation, Respondents.

Supreme Court of Oregon.

Decided November 5, 1969.

Attorney(s) appearing for the Case

Paul R. Meyer, Portland, argued the cause for appellants. With him on the briefs were Kobin & Meyer, Portland.

Morris J. Galen, Portland, argued the cause for respondents Bollons and Poss. With him on the brief were Tonkon & Galen, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, and GOODWIN, JJ.

O'CONNELL, Justice.

This is a declaratory judgment action in which plaintiffs seek the construction of a written escrow agreement and the cancellation of a promissory note alleged to have been taken from escrow contrary to the agreement. Plaintiffs appeal from a decree in favor of defendants.

The case turns on the interpretation of a written agreement between plaintiffs Schmidt and Beebe and defendants Bollons and Poss, providing for the release of a promissory...

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