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CHRISTENSEN v. McATEE

473 P.2d 659 (1970)

David H. CHRISTENSEN, Respondent, v. Paul W. McAtee, McAtee Builders, Inc., an Oregon Corporation, and Does I to III, Appellants.

Supreme Court of Oregon, In Banc.

Decided August 19, 1970.

Attorney(s) appearing for the Case

Quentin D. Steele, Klamath Falls, argued the cause and filed a brief for appellants.

Robert D. Boivin, Klamath Falls, argued the cause for respondent. With him on the brief were Boivin, Boivin & Kosta, Klamath Falls.

DENECKE, Justice.

The plaintiff secured a judgment on a promissory note executed by the defendants, and the defendant Paul McAtee appeals. The note was secured by a mortgage executed by the defendant McAtee Builders, Inc., on real property owned by McAtee Builders, Inc. Paul McAtee's defense was that he was discharged from his obligation because plaintiff, without Paul McAtee's consent, released the mortgage given by McAtee Builders.

Section 73.6060(1) (b...

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